Agenda — Fountain Valley City Council, December 19, 2023 (part 4 of 5)

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such other manner as may be provided by law. In the event that any legal action is commenced against Developer, service of process on Developer shall be made in such manner as may be provided by law and shall be effective whether served inside or outside of California.

7.4. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party.

7.5. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

7.6. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

7.7. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; riots; floods; unusually severe weather; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts or omissions of another party, or acts or failures to act of City or any other public or governmental agency or entity (excepting that acts or failures to act of City shall not excuse performance by City. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause (or such longer period as is reasonably needed under the circumstances), if Notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. The City Manager shall have authority to approve extensions on behalf of City not to exceed a cumulative total of one hundred eighty (180) days.

7.8. Transfers.

7.8.1. General Prohibition of a Transfer without City Consent; Covenant Not to Transfer Except in Conformity. Developer has demonstrated to the City its qualifications and experience as a successful owner, operator and developer of Senior affordable housing developments, along with the experience and qualifications of the selected initial property management entity ([______]). In this regard, the long-term ownership, operation, and property management of the Site and Project, in particular the Affordable Units, are of particular concern to the City. Accordingly, commencing upon the recordation of this Agreement and the City Covenants and continuing to the end of the Affordability Period, no voluntary or involuntary successor-in-interest of Developer shall acquire any rights or powers under this Agreement or the City Covenants, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the Site or Project or any part thereof, in particular that includes the Affordable Units, or this Agreement or the City Covenants (each and collectively referred to herein as a “Transfer”) without the prior written approval of the City, except as expressly set forth herein, which approval shall not be unreasonably withheld or delayed.

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(a) Therefore, for each proposed Transfer, Developer shall first obtain the prior written consent of the City through the City Manager, which consent shall not be unreasonably withheld or delayed. The City Manager retains all rights to submit a proposed Transfer to the City Council for consideration and action to approve (or disapprove) in their reasonable discretion.

In connection with and prior to any Transfer, (a) Developer, as transferor, shall evidence its compliance with this Agreement, (b) Developer shall provide to City the form of and terms and conditions of the proposed assignment by Developer, as transferor, and assumption by transferee, of this Agreement and the City Covenants and that such instruments are and shall remain senior and nonsubordinate as required under the DBL for the Affordability Period. Any Transfer without such prior consent shall, at City’s option, be void.

7.8.2. City Consideration of Requested Transfer. City agrees that it will consider in good faith Developer’s request for a Transfer after the achievement of occupancy of all of the Affordable Units and following the issuance by City of the CoO, provided Developer delivers written Notice to City requesting such approval and provided that the City Covenants remain in full force and effect and Developer is in compliance therewith. Such Notice shall be accompanied by sufficient evidence regarding the proposed Transfer and the assignee’s or purchaser’s development and/or operational qualifications and experience in the operation of facilities similar to the Project, its financial commitments and resources, and the financial terms of such assignment in sufficient detail to enable City to reasonably evaluate and approve (or disapprove) the proposed assignee or purchaser pursuant to the criteria set forth in this Section 7.8. (a) Within sixty (60) days after the receipt of Developer’s written Notice requesting approval of a proposed Transfer pursuant to this Section 7.8, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested. (b) Notwithstanding the foregoing, a Transfer shall not entitle City to receive compensation in connection therewith, excepting the City shall be reimbursed and paid for all Third Party Costs incurred related to such request for Transfer and assignment. (c) An assignment and assumption agreement in form satisfactory to City’s legal counsel shall also be required for each Transfer. Developer agrees and acknowledges that in connection with a Transfer and assignment approved by City under this Agreement, Developer shall remain liable for performance pursuant to this Agreement for a period of five (5) years following such assignment.

7.8.3. Permitted Transfers. The term Permitted Transfer is defined in Section 1.1; in such regard, each Permitted Transfer shall be subject to the terms and conditions in that definition.

In the event of a Permitted Transfer as set forth in subparts (a), (b), (c) and/or (d) of such definition, Developer nevertheless agrees that at least fifteen (15) calendar days prior to such Permitted Transfer (subparts (a), (b) (c) and/or (d) thereof) it shall give written notice to City of such assignment and satisfactory evidence that the assignor is then presently in compliance with this Agreement and the City Covenants, and that the assignee will assume all of the obligations thereof of this Agreement and the City Covenants in writing through an assignment and assumption agreement in a form reasonably acceptable to the City and its legal counsel. The form of each assignment and assumption

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agreement shall be submitted to the City for review and reasonable approval by the City’s counsel not later than fifteen (15) calendar days prior to the proposed date of the Permitted Transfer.

7.9. Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.

7.10. Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement and/or the City Covenants to the Fountain Valley Housing Authority without the consent or other approval of Developer.

7.11. Non-Liability of Officials and Employees of City. No member, official, officer or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Agreement.

7.12. Relationship between City and Developer. It is hereby acknowledged that the relationship between City and Developer is not that of a partnership or joint venture and that City, on the one hand, and Developer, on the other hand, shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided in this Agreement, including the Attachments hereto, City shall not have any rights, powers, duties, or obligations with respect to the development, operation, maintenance or management of the Project or the Affordable Units thereon.

7.13. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager is authorized to act on behalf of City (and, if applicable, when action or approval of City is necessary, then the City Manager is authorized to act on behalf of City), unless specifically provided otherwise or the law otherwise requires.

7.14. Real Estate Brokers. Developer represents and warrants to City that no broker or finder is entitled to any commission or finder’s fee in connection with this transaction and agrees to defend and hold harmless City from any claim to any such commission or fee resulting from any action on its part.

Section 8. RELOCATION.

8.1. Developer Responsible for Relocation. Developer agrees to and shall be fully responsible for administering Relocation, if any is required, including determinations of eligibility, extent of advisory assistance, and scope and amount of benefits and monetary payments pursuant to the applicable Relocation Laws, subject to review by the City Manager. Developer shall cause to be provided and shall pay any and all Relocation assistance and benefits, if any due, in accordance with Relocation Laws and in a manner and in amounts expressly approved by City Manager to each eligible displaced person or business, if any. City Manager’s approval rights in the preceding sentence shall be limited solely to determining compliance with Relocation Laws. Developer is and shall remain solely responsible to pay all out-of-pocket costs for direct payments to eligible person(s), household(s) and business(es), if any, for Relocation assistance and benefits due and paid and for any other costs incurred related to Relocation, including a Relocation consultant, and any and all costs or fees incurred pursuant to Section 8.2 below.

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8.2. Indemnification by Developer Relating to Relocation. Developer hereby covenants and agrees to indemnify, save, protect, hold harmless, pay for, and defend the City, City and their Indemnitees from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including without limitation penalties, fines, and monetary sanctions), losses, costs, or expenses, including without limitation consultants’ and attorneys’ fees, or relocation benefits claimed or payable under the Relocation Laws (for purposes of this Section 8.2, the foregoing shall be referred to as “Liabilities”) which may now or in the future be incurred or suffered by Indemnitees by reason of, or resulting, in full or in part, or in any respect whatsoever from the displacement and Relocation of persons or businesses pursuant to or resulting from the implementation of this Agreement. At the request of Developer, City shall cooperate with and assist Developer in its defense of any such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that City shall not be obligated to incur any expense in connection with such cooperation or assistance.

8.2.1. Release. Developer, on behalf of itself and its Affiliates, and any and all successors and assigns hereby fully and finally releases the Indemnitees from any and all manner of actions, causes of action, suits, obligations, liabilities, judgments, executions, debts, claims and demands of every kind and nature whatsoever, known and unknown, which Developer and any of its affiliates, successors or assigns may now have or hereafter obtain against the Indemnitees by reason of, arising out of, relating to, or resulting from in full or in part, the election of Developer to proceed with the Project pursuant to this Agreement except to the extent arising out of the negligence or willful misconduct of any of the Indemnitees or a breach by City of any representation, warranty or covenant contained in this Agreement or any of the other Project Documents (collectively, “Claims”), which release shall include but not be limited to any Claims for Relocation assistance or benefits under federal, state, local, or any other applicable laws or Governmental Requirements. The parties agree that, with respect to the release of Claims as set forth above, all rights under Section 1542 of the California Civil Code and any similar law of any state or territory of the United States are expressly waived. Section 1542 reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASING PARTY.

Developer Initials: ______
Section 9. MISCELLANEOUS.

9.1. Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of City to Developer, or any other claim by Developer against City in connection with the Site or the Project or the Affordable Units, or otherwise, Developer hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Developer’s obligations under this Agreement (including without limitation the attachments hereto), or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Developer of any of its obligations under the Project Documents.

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9.2. Notices. All Notices, demands, approvals and other communications provided for in the Project Documents shall be in writing and be delivered to the appropriate party at its address as follows:

If to Developer: Our Lady of Guadalupe
17103 Magnolia Street
Fountain Valley, CA 92708
Attn: Julia Moore
With a copy to: Law Offices of Ada R. Cordero-Sacks
8399 Topanga Canyon Blvd., Suite 304
West Hills, CA 91304
Attn: Ada R. Cordero-Sacks, Esq.

If to City: Fountain Valley Housing City
10200 Slater Avenue
Fountain Valley, CA 92708
Attn: City Manager
with a copy (the mailing of which shall not constitute notice to City) to:

Harper & Burns
Legal Counsel, City of Fountain Valley
453 S. Glassell Street
Orange, California 92866
Attn: Colin R. Burns
and, copy to (the mailing of which shall not constitute notice to City):

Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attn: Celeste Stahl Brady
Addresses for Notice may be changed from time to time by written Notice to all other parties.

All communications shall be effective when actually received; provided, however, that nonreceipt of any communication as the result of a change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication.

9.3. No Third Parties Benefited. This Agreement is made for the purpose of setting forth rights and obligations of Developer and City in implementation of the Entitlement as such relates to the Affordable Units, and no other person; provided however, the Fountain Valley Housing Authority is an intended third party beneficiary of this Agreement and there are no other third party beneficiaries hereunder.

9.4. Binding Effect; Assignment of Obligations. This Agreement shall bind, and shall inure to the benefit of, Developer and City and their respective successors and assigns. Developer shall not assign any of its rights or obligations under any Project Document without the prior written

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consent of the City Manager, which consent may be withheld in her or his sole and absolute discretion. Any such assignment without such consent shall, at City’s option, be void.

9.5. Counterparts. Provided that the written approval of the City Manager is first obtained, any Project Document may be executed in counterparts, all of which, taken together, shall be deemed to be one and the same document.

9.6. Prior Agreements; Amendments; Consents. The Entitlement, together with this Agreement and other Project Documents contain the entire terms and conditions by and between City and Developer with respect to the Site and Project, and all prior negotiations, understandings and agreements with respect to such matters, any such agreements being superseded by this Agreement and such other Project Documents (excepting that all conditions of the Entitlement as to the Site, including without limitation the City Covenants, shall remain in full force and effect). No modification of any Project Document (including waivers of rights and conditions) shall be effective unless in writing and signed by the party against whom enforcement of such modification is sought, and then only in the specific instance and for the specific purpose given. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 49 plus two signature pages, S-1 and S-2, and Attachments 1 through 9 which constitutes the entire understanding and agreement of the parties as to the Affordable Units required under the Entitlement and the DBL as implemented by this Agreement and the City Covenants.

All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of City (and City, if applicable) and Developer, and all amendments hereto must be in writing by the appropriate authorities of City (and City, if applicable) and Developer.

9.7. Developer’s Payment and Reimbursement of City’s Third Party Costs.

9.7.1. Third Party Costs Defined; Obligation. Developer shall pay for and reimburse City for the following out-of-pocket, third party costs (but not in-house staff time), fees, and expenses reasonably incurred by City for any and all of the following from the period of time commencing upon the Date of Agreement and through the end of the term of the Affordability Period (together, “Third Party Costs”): (a) implementation of this Agreement, (b) processing each stage of the Development Plans, (c) escrow company fees and title company fees incurred in connection with the Project Documents; (d) drafting, negotiation, and execution of implementing agreements and/or amendments after the Date of Agreement; (e) enforcement of this DBAHA, the City Covenants or any other Project Documents, including the following: (i) commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to any implementing documents hereunder, and (ii) all claims, demands, causes of action, liabilities, losses, commissions and other costs against which City and its Indemnitees are indemnified hereunder, provided as to defense of any action which City (or any Indemnitee) has or have tendered the defense to Developer and Developer fails to defend any such action; and (f) other costs incurred related to requests by Developer to City for or provision of estoppel certificates or comparable creditor and/or intercreditor instruments, subordination agreements, affirmation thereof, plans, or review and approval of any other matters requiring City review, consideration and/or approval (or disapproval) hereunder or under any implementing documents.

9.7.2. Payment of Third Party Costs. Within forty (40) days of the submittal by City staff of copies of invoices or billings for Third Party Costs incurred, it is and shall be the

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obligation of Developer to reimburse and pay to City one hundred percent (100%) of these Third Party Costs.
(a) This reimbursement obligation shall bear interest from the date occurring forty (40) days after City Authority gives written demand to Developer at the rate of ten percent (10%), or the maximum rate then permitted by law. (b) This reimbursement obligation shall remain in effect for the Affordability Period.

9.7.3. Exception to Payment of Third Party Costs. Notwithstanding Section

9.7.1, and 9.7.2 above, Developer shall not be responsible to pay and reimburse for Third Party Costs if the costs incurred are attributable to an Event of Default by City or the City’s gross negligent acts or willful misconduct under this Agreement.

9.8. Governing Law. All of the Project Documents shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Developer irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Orange as well as the Federal District Court for the Central District of the State of California in connection with any legal action or proceeding arising out of or relating to this Agreement or the other Project Documents. Assuming proper service of process, Developer also waives any objection regarding personal or in rem jurisdiction or venue.

9.9. Severability of Provisions. No provision of any Project Document that is held to be unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of the Project Documents are hereby declared to be severable.

9.10. Headings. Article and Section headings are included in the Project Documents for convenience of reference only and shall not be used in construing the Project Documents.

9.11. Interpretation. This Agreement shall be construed as if equally prepared by all parties A reference to a Section shall be deemed to include all subsections thereof.

9.12. Conflicts. In the event of any conflict between or among the provisions of the Entitlement, this Agreement, the City Covenants or any other Project Document, the most restrictive provisions and covenants shall prevail; provided however that, with respect to any matter addressed in both such documents, the fact that one document provides for greater, lesser or different rights or obligations than the other shall not be deemed a conflict unless the applicable provisions are inconsistent and could not be simultaneously enforced or performed.

9.13. Time of the Essence. Time is of the essence of all of the provisions of this Agreement.

9.14. Conflict of Interest. No member, official or employee of City shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law.

9.15. Warranty against Payment of Consideration. Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement.

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9.16. Nonliability of City Officials, City Officials and Employees. No member, official or employee of City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Developer or successor, or on any obligation under the terms of this Agreement. [Signature blocks begin on next page]

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S-1
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IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus and Affordable Housing Agreement (17103 Magnolia Street, Fountain Valley) to be effective as of the Date of Agreement.

DEVELOPER:

OUR LADY OF GUADALUPE, a California
nonprofit public benefit corporation
By:

Its:

By: ____________________________
OLG Board Member
APPROVED AS TO FORM:
__________________________
_____Developer Counsel
Date of Developer’s execution:
[__________________]
[Signatures continued on next page]

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S-2
4872-0641-0356v5/200348-0010
[Signatures continued from previous page]
CITY
CITY OF FOUNTAIN VALLEY, a California
municipal corporation
By:

Mayor or Authorized Designee
Date of Mayor’s execution: [_______], 2023
ATTEST:

Rick Miller, City Clerk
or Authorized Designee
APPROVED AS TO FORM:

HARPER & BURNS
Colin R. Burns, City Attorney
or Authorized Designee
and

STRADLING YOCCA CARLSON & RAUTH
Celeste Stahl Brady, Special Counsel
or Authorized Designee

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Attachment No. 1
Site Map

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4872-0641-0356v5/200348-0010
ATTACHMENT NO. 1

SITE MAP

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Attachment No. 2
Legal Description of Site

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ATTACHMENT NO. 2
Legal Description of Site
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:

PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF

PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS

AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM HOLMES LOAN & REALTY CO., TO JOE ISHIL AND OTHERS, RECORDED OCTOBER 1, 1941 IN BOOK 1112, PAGE 224 OF OFFICIAL RECORDS.

BY DEEDS RECORDED APRIL 11, 1961 IN BOOK 5685, PAGE 807 OF OFFICIAL RECORDS, AND IN BOOK 5685, PAGE 812 OF OFFICIAL RECORDS, ALL OIL, MINERALS AND OTHER HYDROCARBONS ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WERE QUITCLAIMED TO THE OWNERS OF RECORD.

BY QUITCLAIM DEEDS RECORDED JANUARY 28, 1988 AS INSTRUMENT NO. 88-040501 AND 88-040502 AND JUDGMENT BY COURT AFTER DEFAULT AND FINAL ORDER OF CONDEMNATION RECORDED APRIL 6, 1989 AS INSTRUMENT NO. 89-181685 ALL OF

OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

AN EASEMENT FOR TRASH COLLECTION PURPOSES RECORDED APRIL 12, 1988 AS INSTRUMENT NO. 88-165632 OF OFFICIAL RECORDS OVER THE SOUTHERLY 25 FEET OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 82-431 FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

APN 167-391-24
Common Address 17103 Magnolia, Fountain Valley CA

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Attachment No. 3
Memorandum of Agreement

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ATTACHMENT NO. 3

MEMORANDUM OF AGREEMENT
Recording Requested By and
When Recorded Mail To:

City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(This document is exempt from the payment of a recording fee under Government Code Section 27383.)

MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (“Memorandum”) dated as of _____________, 2023 is entered into by and between the CITY OF FOUNTAIN VALLEY, a California municipal corporation (“City”), and OUR LADY OF GUADALUPE(“Developer”).

1. Density Bonus and Affordable Housing Agreement. City and Developer have executed an unrecorded Density Bonus and Affordable Housing Agreement (17103 Magnolia Street, Fountain Valley) (“Agreement”) dated as of _____covering that certain real property located in the City of Fountain Valley, County of Orange, State of California, which is formally described in the legal description as P BK 185 PG 32 PAR 1. The Agreement is on file as a public record with the City at its offices at 10200 Slater Avenue, Fountain Valley, California 92708. All of the terms, conditions, provisions, and covenants of the Agreement are incorporated in this Memorandum by reference as though written out at length herein, and the Agreement and this Memorandum shall be deemed to constitute a single instrument or document.

2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes only, and in no way modifies the terms, conditions, provisions, and covenants of the Agreement.

In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum and the Agreement, the terms, conditions, provisions, and covenants of the Agreement shall prevail.
[Signature Blocks begin on next page]

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Attachment No. 3
Memorandum of Agreement

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DEVELOPER:

OUR LADY OF GUADALUPE
By: _____
Its:

By: ____________________________
Julia Moore, Board Member Our Lady
of Guadalupe
CITY:

CITY OF FOUNTAIN VALLEY, a California
municipal corporation
By:

City Manager or Authorized Designee
ATTEST:

Rick Miller, City Clerk
or Authorized Designee

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Exhibit A to Attachment No. 3
Legal Description to Memorandum of Agreement

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4872-0641-0356v5/200348-0010
Exhibit A
to Memorandum of Agreement
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:

PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF

PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS

OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

APN 167-391-24
Common Address: 17103 Magnolia, Fountain Valley CA

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Attachment No. 4
City Covenants

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ATTACHMENT NO. 4

CITY COVENANTS
Recording Requested By and
When Recorded Mail To:

CITY COVENANTS AGREEMENT
This CITY COVENANTS AGREEMENT (“City Covenants”) is dated as of [_________,] 2023 and made and entered into by and between OUR LADY OF GUADALUPE (“Developer”), and CITY OF FOUNTAIN VALLEY, a California municipal corporation (“City”), each of which is a signatory hereto.

R E C I T A L S
A. Each of Developer and City is a party to these City Covenants and may be referred to as a “Declarant”, and collectively may be referred to as “Declarants”.

B. City and Developer have entered into that certain unrecorded Density Bonus and Affordable Housing Agreement (17103 Magnolia Street, Fountain Valley) dated as of [_____, 2023] (“DBAHA”) for the improvement and development of certain real property referred to as the “Site” which is formally described in the legal description as P BK 185 PG 32 PAR 1. A copy of the DBAHA is on file with City as a public record. Capitalized terms not defined herein shall have the meaning established and set forth in the DBAHA.

C. The Recitals in the DBAHA summarize Developer’s land use approvals that comprise the “Entitlement” for the Project on the Site. Any other or additional modifications to the Entitlement, if any, shall be appended to and deemed a part of these City Covenants and the DBAHA. Nothing summarizing the Entitlement therein or herein modifies such discretionary approvals as set forth in the series of resolutions, ordinances, conditions of approval and related findings, but the DBAHA and these City Covenants implement the Developer’s obligation to include, operate and maintain within the Project on the Site twenty-nine (29) Affordable Units for

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Attachment No. 4
City Covenants

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occupancy and tenancy by qualified Low Income Senior Citizen Households at an Affordable Rent for the 55-year Affordability Period.

D. The Entitlement requires as a condition of approval the entering into and recordation of these City Covenants (and the Memorandum of Agreement) as senior, nonsubordinate encumbrances against the Site to ensure the Project and Site ownership, use, operation, maintenance, and property management remain subject hereto and thereto for the entire Affordability Period; in particular these City Covenants are applicable to the Site and Project for the intended provision of affordable rental housing available to Low Income Senior Citizen Households at an Affordable Rent at the Prescribed Rent Level.

E. Under the DBAHA, Developer represents and covenants that, as of the recordation of this City Covenants Agreement, Developer holds fee simple marketable title to the Site.

F. These City Covenants impose certain affordable housing restrictions for a period that will commence on the date of issuance of the final certificate of occupancy for the Project and thereafter continue until the fifty-fifth (55th) anniversary of the issuance of the final CoO as further provided in the DBAHA (“Affordability Period”).

G. This City Covenants Agreement shall be recorded, prior to and as a condition precedent to the issuance of Building Permits for the Project, in the Official Records, Orange County, California as senior, unsubordinated covenants and an encumbrance running with the land for the full Affordability Period. In no event shall these City Covenants be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the Project on the Site or ownership of the Site, or any other lien or encumbrance whatsoever against the Site for the Affordability Period, except as expressly mandated by California statute or federal law.

H. Declarants wish to adopt these City Covenants to further govern the use of the Site in conjunction and along with the DBAHA and to ensure that City achieves credit for production and long-term covenanting of affordable housing units in satisfying the City’s Regional Housing Needs Allocation (“RHNA”), the Housing Element of the General Plan, in compliance with the Entitlement, and to meet other community objectives to provide affordable housing in the Fountain Valley community.

NOW, THEREFORE, City and Developer (as owner of the Site and Project), declares that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to these City Covenants hereinafter set forth expressly and exclusively for the use and benefit of said property, and with the City as holder of beneficial interests therein. Each and all of these City Covenants shall run with the land and be recorded on title to the Site and shall be binding on Declarants, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owner of all or any part of the Site for the Affordability Period.

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ARTICLE I

DEFINITIONS
Capitalized terms not defined herein shall have the respective meanings established therefor in the DBAHA; such definitions shall be applicable to these City Covenants and also to any amendment or supplement to these City Covenants (unless the context implicitly or explicitly shall prohibit), recorded against the Site pursuant to the provisions of these City Covenants.

ARTICLE II
LAND USE RESTRICTIONS; IMPROVEMENTS
Section 1. Uses. Developer shall develop the Project on the Site, in particular the Affordable Units, in conformity with the Entitlement and the affordable housing restrictions and covenants provided under the DBAHA. Upon completion of development of the Project, the Site shall be operated and devoted only to the uses specified in the Entitlement and DBAHA for the periods of time specified herein. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to the Entitlement shall conform to all applicable provisions of the City Code, the Entitlement, and other applicable federal and state laws and regulations. (a) Ownership of Site. The Site shall be owned, used, maintained, managed, and operated in accordance with these City Covenants and the Entitlement for the Affordability Period.

None of the Affordable Units in the Project shall at any time be utilized on a transient basis nor shall the Project or any portion thereof ever be used for an emergency shelter, or for short term rental such as AirBnB, VRBO, or HomeAway, or as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park. No part of the Site or any Affordable Units shall be or will at any time be owned or used as a cooperative housing corporation or a stock cooperative.
(b) Permitted Transfers; Transfers. Transfers, both Permitted Transfers and other Transfers of the Site and/or Project, are subject to the provisions of the DBAHA, in particular Section 7.8 and the definition of Permitted Transfer therein.

Section 2. Affordable Housing; Eligible Households.
(a) Number of Units. Throughout the Affordability Period each and all twentynine (29) Affordable Units shall be rented at an Affordable Rent to Low Income Senior Citizen Households. Developer agrees to make available, restrict occupancy to, and rent all of the Affordable Units at Affordable Rent in conformity with the Prescribed Rent Level and Unit Mix. (b) Duration of Affordability Requirements. The Affordable Units shall be maintained as rental units available at and rented to Low Income Senior Citizen Households throughout the 55-year Affordability Period.
(c) Prescribed Rent Level and Unit Mix. The Prescribed Rent Level and Unit Mix for the Affordable Units includes:

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• fifteen (15) studio units for Low Income Senior Citizen Households at an Affordable Rent; and
• fourteen (14) one-bedroom units for Low Income Senior Citizen Households at an Affordable Rent.
•
(i) The Affordable Units shall meet the Prescribed Rent Level and Unit Mix as required despite a temporary noncompliance with the defined Affordable Rent, if the noncompliance is caused by increases in the incomes of existing tenants and if actions are being taken by Developer to ensure that each and all vacancies of the Affordable Units at the Project are filled in accordance with the DBAHA and these City Covenants until the noncompliance is corrected. (ii) A tenant who qualified as a Senior Citizen Low Income Household at initial occupancy of an Affordable Unit at the Project shall be deemed to continue to be so qualified until such time as reverification and certification of the tenant household’s gross income shows that such tenant no longer qualifies as a Senior Citizen Low Income Household. An existing tenant household occupying an Affordable Unit in the Project whose income exceeds the qualifying limit for a Senior Citizen Low Income Household may continue to occupy that Affordable Unit and be charged monthly rent including a reasonable utility allowance, equal to the lesser of thirty percent (30%) of the tenant household's adjusted monthly income, recertified annually, or the market rent applicable to the Affordable Unit as published by State HCD, so long as such continued tenancy does not exceed six (6) months. Such restrictions and requirements about reverification and recertification of household income to be and remain eligible for occupancy and tenancy of an Affordable Unit shall be expressly stated and separately initialed by each adult member of the tenant household in the lease or other rental agreement for each tenant of each Affordable Unit. (d) Income of Tenants. Each tenant of an Affordable Unit shall qualify as a Senior Citizen Low Income Household and shall meet the eligibility requirements established for the corresponding Unit Mix requirements, and Developer shall obtain a certification from each tenant renting or leasing each Affordable Unit that substantiates such fact. Developer shall verify the income certification of each tenant household as set forth herein. (e) Determination of Affordable Rent for the Affordable Units. Each and all Affordable Units shall be rented at an “Affordable Rent” as established and provided herein:
(i) Affordable Rent means the monthly housing cost (excluding any supplemental rental assistance from the State of California, the federal government or any other public agency) not in excess of the amount that may be charged by Developer to each and all Senior Citizen Households of the Affordable Units in conformity with the Prescribed Rent Level and not to exceed HSC Sections 50052.5 and 50053 for Lower Income Households. This monthly housing cost means the maximum amount to be charged by Developer and paid by the Low Income Senior Citizen Households occupying the 29 Affordable Units at the Project. Further, the household income for Low Income Senior Citizen Households leasing an Affordable Unit shall not exceed the income

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standard set forth in HSC Section 50079.5 and Affordable Rent shall not exceed the standard and calculations set forth in HSC Sections 50052.5 and 50053. (ii) In addition, the term Affordable Rent includes the total of monthly payments by the tenants of an Affordable Unit for (a) use and occupancy for an Affordable Unit and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer that are required of all tenants of the Affordable Units, other than security deposits, (c) a reasonable allowance for utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity and gas, as determined by regulation of the Orange County Housing City pursuant to 24 CFR Section 5.609, et seq. and (d) possessory interest, taxes or other fees or charges assessed for the use of the Affordable Units and facilities associated therewith by a public or private entity other than Developer.

Section 3. Developer Verification and Compliance; Annual Reports. Developer shall obtain and maintain on file an Income Verification from each tenant household, including all adult members of each such household, for each Affordable Unit dated immediately prior to the initial occupancy of such tenant at the Project. Commencing on or before the first March 15 after the City issues the final CoO for the Project and thereafter on or before March 15 of each Year of the Affordability Period, Developer shall file with City or its designee a Certificate, containing all information required to demonstrate that rents and income levels for the Affordable Units comply with the requirements of the DBAHA and these City Covenants regarding income (Lower Income) and rent (Affordable Rent) and containing such information as City additionally requires, in a form prescribed by City. Each Certificate shall cover the immediately preceding Year. (a) To the extent necessary and based on facts and circumstances as to one or more Affordable Units, tenant reverification and recertification may occur more often than annually as requested by the City or as otherwise determined by Developer or its Property Manager.

Section 4. Household Size Appropriate to an Affordable Unit. The term “household size appropriate to the unit” for the purpose of the calculation of Affordable Rent herein (and without regard to actual occupancy), means the standards in HSC Sections 50052.5 and 50053.

Section 5. Occupancy Limits. To the greatest extent allowed by law, including Fair Housing Law, Developer agrees to comply with the following minimum and maximum occupancy for the Affordable Units at the Project: (i) for the studio units the maximum occupancy is two persons, and (ii) for the one-bedroom units the maximum occupancy is four persons; in this regard, maximum occupancy is two persons per sleeping/bedroom and living area(s).

Section 6. Rental Agreement. Prior to the rental or lease of each Affordable Unit to an eligible, qualified Senior Citizen Low Income Household, Developer shall require the tenant to execute a written lease and to complete an Income Verification certifying that the tenant(s) occupying the Affordable Unit is/are a Senior Citizen Low Income Household and meets the eligibility requirements established for the Affordable Unit. Developer shall verify the income of all adult members of the household. Developer shall accept as tenants on the same basis as all other prospective tenants, including persons holding Portable Vouchers. Developer shall not apply selection criteria to Portable Voucher holders that are more burdensome than criteria applied to any other prospective tenants.

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Section 7. Verifications.
(a) Income Verification. Developer shall verify the income of each proposed and existing tenant of the each and every Affordable Unit at the Project. (b) Records of Leases. Developer shall maintain on file each tenant’s executed lease and Income Verification and rental records for all Affordable Units. Developer shall maintain complete and accurate records for all Affordable Units and will permit any duly authorized representative of City to inspect the books and records of Developer related in any manner to the Affordable Units and/or pertaining to the DBAHA and this Covenants Agreement.

Section 8. Nondiscrimination. Developer shall refrain from restricting the rental, sale or lease of the Site, or any portion thereof, on the basis of race, color, creed, religion, sex, marital status, national origin, or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
In contracts: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the

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Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” The covenants established in these City Covenants shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and their successors and assigns, and any successor in interest to the Site, together with any property, or any part thereof. The covenants against discrimination as set forth in this Section 8 of Article II shall remain in effect in perpetuity.

Section 9. Compliance with Laws. Developer shall carry out the design, development and operation of the Project, in particular the Affordable Units, in conformity with all applicable federal, state and local laws and regulations, including Uniform Codes, City Code, Uniform Codes, building, plumbing, mechanical and electrical codes, and all other provisions thereof, City zoning and development standards, and all applicable disabled and handicapped access requirements, including without limitation the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq., California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and other state and federal fair housing laws and regulations (together, “Fair Housing Law”).

ARTICLE III

DUTIES OF DEVELOPER RE

MANAGEMENT, MAINTENANCE, AND OPERATIONAL RESPONSIBILITIES Section 1. Management of the Affordable Units at the Project. (a) Property Manager. Developer shall, or shall cause, the Site and Project, in particular the Affordable Units, to be managed in a prudent and business-like manner, consistent with good property management standards for other first class and high quality developments in Southern California. Developer may contract with a property management company or property manager, to operate, manage, and maintain the Affordable Units in accordance with the terms of this Article III (“Property Manager”); provided, however, the selection and hiring of the Property Manager (and each successor or assignee), including any Affiliate, is and shall be subject to prior written approval of the City Manager (or designee) in her or his discretion. The Property Manager shall manage the Affordable Units in accordance with the definitions of Affordable Rent, the tenant selection requirements, and the definitions relating to Low Income and Lower Income set forth herein.

Developer shall conduct due diligence and background evaluation of any potential third party property manager or property management company to evaluate experience, references, credit worthiness, and related qualifications as a property manager of affordable housing. Any proposed property manager shall have significant and relevant prior experience with affordable housing properties comparable to the Project and the references and credit record of such property manager/company shall be investigated (or caused to be investigated) by Developer prior to

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submitting the name and qualifications of such proposed property manager to the City Manager for review and approval. A complete and true copy of the results of such background evaluation shall be provided to the City Manager. Approval of a Property Manager by City Manager shall not be unreasonably delayed but shall be in his/her sole reasonable discretion, and the City Manager shall use good faith efforts to respond as promptly as practicable in order to facilitate effective and ongoing property management of the Affordable Units at the Project. The replacement of a Property Manager by Developer and/or the selection by Developer of any new or different Property Manager during the Affordability Period shall also be subject to the foregoing requirements. (b) Compliance with Property Management Plan. The Property Management Plan, and all amendments thereto approved by the City Manager, shall evidence and include a detailed plan and strategy for long term marketing, operation, maintenance, repair and security thereof of the Affordable Units at the Project, inclusive of the method of selection of tenants, rules and regulations for tenants, and other rental policies. The ongoing management and operation of the Affordable Units at the Project shall be in compliance with the approved Property Management Plan.

During the Affordability Period, Developer and its Property Manager may from time to time submit to the City Manager proposed amendments to the Property Management Plan, the implementation of which shall also be subject to the prior written approval of the City Manager. (c) Gross Mismanagement. During the Affordability Period, and in the event of Gross Mismanagement of the Affordable Units at the Project, and City (through City Manager) shall have and retain the authority to direct and require any condition(s), acts, or inactions of Gross Mismanagement to cease and/or be corrected immediately, and further to direct and require the immediate removal of the Property Manager and replacement with a new qualified and approved Property Manager, if such condition(s) is/are not ceased and/or corrected after expiration of thirty (30) days from the date of written Notice from the City Manager. If Developer or Property Manager has commenced to cure such Gross Mismanagement condition(s) on or before the 20th day from the date of written Notice (with evidence of such submitted to the City Manager, as applicable), but has failed to complete such cure by the 30the day (or such longer period if the cure cannot reasonably be accomplished in thirty (30) days as reasonably determined by the non-defaulting party), then Developer and its Property Manager shall have an additional 10 days to complete the cure of Gross Mismanagement condition(s). In no event shall any condition of Gross Mismanagement continue uncured for a period exceeding forty-five (45) days from the date of the initial written Notice of such condition(s), except that the conditions described in subdivisions (d) and (e) below may exist for up to, but no longer than, seventy-five (75) days without triggering City’s right to remove the Property Manager as described in the immediately following sentence as long as Developer is diligently working to cure such conditions of Gross Mismanagement. If such condition(s) do persist beyond such period, the City Manager shall have the absolute right to immediately and without further notice to Developer (or to Property Manager or any other person/entity) to remove the Property Manager and replace the Property Manager with a new property manager of City Manager’s selection at the sole cost and expense of Developer. If Developer takes steps to select a new Property Manager that selection is subject to the requirements set forth above for selection of a Property Manager. The term Gross Mismanagement is as defined in the DBAHA.
(d) Code Enforcement. Developer acknowledges and agrees the City and its employees and authorized agents, shall have the right to conduct code compliance and/or code

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enforcement inspections of the Project, in particular the Affordable Units, both exterior and interior, at reasonable times and upon reasonable notice (not less than 48 hours prior notice, except in an emergency) to Developer and/or an individual tenant. If such notice is provided by City representative(s) to Developer, then Developer (or its Property Manager) shall immediately and directly advise any affected tenant of such upcoming inspection and cause access to the area(s) and/or Affordable Units at the Project to be made available and open for inspection. Developer shall include express advisement of such inspection rights within the lease/rental agreements for each Affordable Unit in the Project in order for each and every tenant and tenant household to be aware of this inspection right.
(e) Capital Reserve Requirements. Commencing upon issuance of the CoO, Developer shall annually set aside an amount of not less than Three Hundred Dollars ($300.00) per Affordable Unit (29 Affordable Units times $300 equals $8,700) or such increased amount required by a Lender from the gross rents received from the Affordable Units at the Project, into a separate interest bearing trust account defined as the Capital Replacement Reserve. Funds in the Capital Replacement Reserve shall be used only for capital repairs, improvements, and replacements to the Project, including fixtures and equipment, which are normally capitalized under generally accepted accounting principles including “capital repair” as defined in the Internal Revenue Code. The non-availability of funds in the Capital Replacement Reserve does not in any manner relieve or lessen Developer’s obligation to undertake any and all necessary capital repairs, improvements, or replacements and to continue to maintain the Affordable Units at the Project in the manner prescribed herein. Not less than once per Year and concurrent and included within the annual report, Developer, at its expense, shall submit to the City Manager an accounting for the Capital Replacement Reserve for the Affordable Units at the Project. Capital improvements and repairs to, and replacements for Affordable Units at the Project shall include only those items with a long useful life, including without limitation the following: carpet and drapery replacement; appliance replacement; exterior painting, including exterior trim; hot water heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal coating; roofing repair and replacement; landscape tree replacement; irrigation pipe and controls replacement; sewer line replacement; water line replacement; gas line replacement; lighting fixture replacement; elevator replacement and upgrade work; miscellaneous motors and blowers; common area furniture replacement; and common area repainting. In connection with each annual report, to the City Manager by Developer, City Manager will evaluate the cumulative amount on deposit in the Capital Replacement Reserve account and exercise his/her sole, reasonable discretion to determine if existing balance(s) in, proposed deposits to, shortfalls, if any, and/or a cumulative unexpended/unencumbered account balance in such Capital Replacement Reserve account are adequate to provide for necessary capital repairs and improvement for the Affordable Units at the Project.

Notwithstanding the foregoing portion of this Article III, in the event a Lender prescribes particular amounts to be set aside as a capital replacement reserve that exceeds the requirements herein, compliance therewith shall be deemed compliance herewith.

Section 2. General Maintenance.
(a) Maintenance of Site. Developer agrees for itself and its successors in interest to the Site, to maintain the Improvements and the Site in conformity with the City Code and the

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conditions set forth in the DBAHA and these City Covenants, and shall keep the Site free from any accumulation of debris or waste materials. During such period, Developer shall also maintain the landscaping planted on the Site in a healthy condition. (b) Maintenance Standards; Program Maintenance. Developer and its maintenance staff, contractors or subcontractors shall comply with the Maintenance Standards and Program Maintenance as set forth in the DBAHA. ):
(i) Notwithstanding the foregoing, if the City Manager reasonably determines that the Project suffers from significant and unexpected wear and tear requiring any of the above items of maintenance to be performed sooner as set forth in the DBAHA. Upon the request of Developer, the City Manager, at his/her sole, reasonable discretion, may grant a waiver or deferral of any program maintenance requirement. Developer shall keep such records of maintenance and repair as are necessary to prove performance of the program maintenance requirements.

Section 3. Duty to Prevent Hazardous Material Contamination. During the development and operation of the Project, Developer shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment on or under the Project. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. Developer shall notify City, and provide to City a copy or copies, of any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Developer shall report to City, as soon as possible after each incident, any unusual, potentially important incidents in the event of a release of any Hazardous Materials into the environment. (a) For purposes of this Article III, “Governmental Requirements” means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the County, City, or any other political subdivision in which the Project is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer or the Project.
(b) For purposes of this Article III the term, “Hazardous Materials” is defined in the DBAHA.

Section 4. Parking of Vehicles. Developer shall not permit the parking, storing or keeping of any vehicle except wholly within the parking areas designated for commercial and residential uses in the Project, including parking for tenants and visitors of the Affordable Units. Developer shall not permit the parking, storing or keeping of any large commercial-type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle over twenty (20) feet in length (camper unit, motor home, trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length, or any vehicle other than a private passenger vehicle, upon any portion of the common areas, including parking spaces. For purposes of Article III, a pickup truck with a pickup bed mounted camper shall be considered a private passenger vehicle; provided however, that no such vehicle shall be used for residential purposes while parked on the premises.

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(a) No Onsite Major Repairs. Developer shall not permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any portion of the common areas of the Project, including the parking areas, except for emergency repairs thereto and then only to the extent necessary to enable movement of the vehicle to a proper repair facility. No inoperable vehicle shall be stored or kept in the common areas of the Project. Developer shall give the vehicle owner not less than four (4) days, nor more than seven (7) days’ notice and an opportunity to remove any vehicle parked, stored or kept in violation of the provisions hereof.

Notice shall consist minimally of a reasonably diligent attempt to personally notify the vehicle owner or alternatively leaving written notice on the subject vehicle. After due notice and opportunity have been given to the vehicle owner, Developer shall have the right to remove, at the vehicle owner’s expense, any vehicle parked, stored or kept in violation of the provisions of these City Covenants.

Section 5. Signs Required. “No loitering” signs will be posted at each building and enforced by the owner(s). “Illegally parked vehicles will be towed” signs in compliance with California Vehicle Code requirements will be posted and enforced by Developer.

ARTICLE IV

TENANT SELECTION
Section 1. Selection of Tenants. Developer shall be responsible for the selection of tenants for the Affordable Housing Units in compliance with the criteria set forth herein and in the DBAHA. (a) Process for Tenant Selection. Developer shall implement the tenant selection system for the Affordable Units as approved by the City Manager under the DBAHA, which establishes a chronological waiting list system for selection of tenants and meets the requirements hereof.
(b) Marketing. Developer shall provide written notice to City at least thirty (30) days prior to Developer commencing its marketing activities for the initial lease-up of the Affordable Units at the Project in conformance with the approved Management Plan. In addition, this prior notice from Developer to City also shall include a complete copy of the form of the “application” with a description of necessary supporting materials to be completed by applicants for prospective tenancy of the Affordable Units at the Project.
(i) Posting advertisements and notices of the vacancy(ies) at the community center, senior center, other public buildings such as post offices located in the City, at City Hall, and on the City’s website.

ARTICLE IV

ENFORCEMENT
Section 1. Remedies. Breach of the covenants contained in these City Covenants may be enjoined, abated, or remedied by appropriate legal proceeding by City. These City Covenants do not in any way infringe on the right or duties of the City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings.

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Section 2. Nuisance. The result of every act or omission whereby any of the covenants contained in these City Covenants are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of City’s rights under law.

Section 3. Right of Entry. In addition to the above general rights of enforcement, City shall have the right through its agents and employees, to enter upon any part of the Site and/or Project for the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations of City, and for maintenance and/or repair of any or all publicly owned utilities. Subsequent to sixty (60) days written notice to Developer specifically outlining Developer’s noncompliance, City shall have the right of entry on the Site at reasonable hours to enforce compliance with these City Covenants which Developer has failed to perform. In addition, City has the right of entry onto any part of the Site and Project at reasonable hours and upon and after reasonable attempts to contact Developer, to effect emergency repairs or maintenance that Developer has failed to perform.

Section 4. Costs of Repair. The costs borne by City of any such repairs or maintenance emergency and/or non-emergency, shall become a charge for which Developer shall be responsible.

Developer agrees that City’s rights related to charges and collection thereof hereunder include the City’s right to impose a lien against the Site comparable to the process undertaken by public agencies for similar lien collection such as for weed abatement.

Section 5. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in these City Covenants shall be deemed cumulative, and none of such remedies shall be deemed exclusive.

Section 6. Failure to Enforce. The failure to enforce any of the covenants contained in these City Covenants shall not constitute a waiver of the right to enforce the same thereafter.

Section 7. Enforcement and Nonliability. The City may from time to time make such efforts, if any, as it shall deem appropriate enforce and/or assist in enforcing these City Covenants. However, neither City nor City will be subject to any liability for failure to affirmatively enforce any provision of these City Covenants.

ARTICLE VI

GENERAL PROVISIONS
Section 1. Covenant against Partition. Developer covenants for itself and for its heirs, representatives, successors, and assigns, that it will not institute legal proceedings or otherwise seek to effect partition of its rights and interests in the Site, or the burdens running with the land as a result of these City Covenants.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.

Section 3. Term. These City Covenants shall run with and bind the interest of Developer in the Site, and shall inure to the owner(s) of any property subject to these City Covenants, his legal

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representatives, heirs, successors and assigns, and be enforceable by City, for a term equal to the Affordability Period as defined in the DBAHA, provided; however, that the covenants regarding nondiscrimination set forth in Section 8. of Article II of these City Covenants shall remain in effect for perpetuity.

Section 4. Construction. The provisions of these City Covenants shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Affordable Units at the Project as more particularly set forth herein and in the DBAHA. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Developer shall be obligated by these City Covenants to comply with the provisions hereof.

Section 5. Amendments. These City Covenants may be amended only by the written agreement of Developer and City.

Section 6. Encroachments. None of the rights and obligations of Developer created herein shall be altered in any way by encroachments due to settlement or shifting of structures or any other cause.

There shall be valid easements for the maintenance of said encroachments so long as they shall exist; provided, however, that in no event shall a valid easement for encroachment be created in favor of Developer if said encroachment occurs due to the willful conduct of said Developer.

Section 7. Notices. Any Notice permitted or required to be delivered as provided herein to Developer shall be in writing and may be delivered either personally or by certified mail. Notice to City shall be made by certified mail to: City Manager (with copies to both City Clerk and City Legal Counsel), City Hall 10200 Slater Avenue, Fountain Valley, California 92708 and shall be effective upon receipt. Notice to Developer shall be made by certified mail to Our Lady of Guadalupe and shall be effective upon receipt. Such address may be changed from time to time by notice in writing.

DEVELOPER:

OUR LADY OF GUADALUPE
By:

Its:
[Name and Corporate Title]
APPROVED AS TO FORM:
__________________________
Developer’s Counsel
[Signatures continued on next page]

Page 421 ends

Attachment No. 4
City Covenants

Page 14 of 14 ends

4872-0641-0356v5/200348-0010
[Signatures continued from previous page]
CITY:

CITY OF FOUNTAIN VALLEY, a California
municipal corporation
By:

City Manager or Authorized Designee
ATTEST:

Rick Miller, City Clerk or Authorized Designee
APPROVED AS TO FORM:

HARPER & BURNS
Colin R. Burns, City Legal Counsel
or Authorized Designee
APPROVED AS TO FORM:

STRADLING YOCCA CARLSON & RAUTH
Celeste Stahl Brady, Special Counsel

Page 422 ends

Exhibit A to Attachment No. 4
City Covenants Legal Description

Page 1 of 1 ends

4872-0641-0356v5/200348-0010
Exhibit A
to City Covenants
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:

PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF

PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS

OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

APN 167-391-24
Common Address 17103 Magnolia, Fountain Valley CA

Page 423 ends

Attachment No. 5
Request for Notice of Default

Page 1 of 1 ends

4872-0641-0356v5/200348-0010
ATTACHMENT NO. 5

REQUEST FOR NOTICE OF DEFAULT
Recording Requested By and
When Recorded Mail To:

Fountain Valley Housing City
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(This document is exempt from payment of a recording
fee under Gov’t Code Section 27383.)
REQUEST FOR NOTICE UNDER SECTION 2924b CIVIL CODE
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. _____ on _____________, 20__, in Book ______, Page ______, Official Records of Orange County, California, and describing land therein as See Exhibit A attached hereto
executed by ____________________, as Trustor, in which ____________________ is named as Beneficiary, and _________________ as Trustee, be mailed to CITY OF FOUNTAIN VALLEY, at 10200 Slater Avenue, Fountain Valley, California 92708, Attention: City Manager.

NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE

WILL BE SENT ONLY TO THE ADDRESS CONTAINED THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A REQUEST MUST BE
RECORDED.

CITY OF FOUNTAIN VALLEY, a California
municipal corporation
By:

City Manager or Authorized Designee
ATTEST:

Rick Miller, City Clerk
or Authorized Designee

Page 424 ends

Attachment No. 5
Exhibit A
Legal Description to Request for Notice of Default

Page 1 of 1 ends

4872-0641-0356v5/200348-0010
Exhibit A
Legal Description to Request for Notice
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:

PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF

PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS

OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

APN 167-391-24
Common Address 17103 Magnolia, Fountain Valley CA

Page 425 ends

Attachment No. 6
Developer Certificate

Page 1 of 2 ends

4872-0641-0356v5/200348-0010
ATTACHMENT NO. 6

DEVELOPER CERTIFICATE
_________________, 20__ (“Date of Certificate”)
City of Fountain Valley
Attention: City Manager
10200 Slater Avenue
Fountain Valley, California 92708
Density Bonus and Affordable Housing Agreement (10201, 10221, 10231 Slater Avenue, Fountain Valley) by and between CITY OF FOUNTAIN VALLEY (“City”) and OUR LADY OF GUADALUPE(“Developer”), dated as of [____________] (“DBAHA”) Ladies and Gentlemen:

The undersigned as Developer under the DBAHA does hereby state, declare, certify, represent, and warrant to City and their respective officers, agents and employees as follows:

1. Developer has reviewed, executed and is familiar with the terms of the DBAHA.

All capitalized terms herein shall have the meanings established therefor in the DBAHA.

2. The DBAHA is in full force and effect and shall remain in full force and effect.

3. The Memorandum of Agreement and City Covenants have been recorded among the official land records of the County of Orange in conformity with the DBAHA.

4. All of the insurance policies required to obtained and maintained by Developer under the DBAHA are in full force and effect.

5. Upon completion of the Project, the Affordable Units shall be occupied in accordance with the DBAHA by qualified Low Income Senior Citizen Households at an Affordable Rent.

6. The representations and warranties of Developer contained in the DBAHA are true and correct in all material respects as of date of this Developer Certificate.

7. No uncured Event of Default by Developer has occurred under the DBAHA and no event shall have occurred which, with the giving of notice or the passage of time or both, would constitute an uncured Event of Default by Developer under the DBAHA.

8. Developer has not, prior to the date of this Developer Certificate transferred the Agreement, the Site, or any rights of Developer therein.

9. Developer affirms that Section 4.5 of the Agreement shall survive for the Affordability Period, including without limitation the provisions thereof under which Developer shall defend, indemnify, and hold harmless City from any claims, losses, liabilities, and damages arising out of Developer as set forth in Section 4.5 and/or in connection with the

Page 426 ends

Attachment No. 6
Developer Certificate

Page 2 of 2 ends

4872-0641-0356v5/200348-0010
design and/or construction of the Project and Improvements and/or the effect of liens or stop notices.

10. Developer has received no notice from any governmental agency that there are Hazardous Materials on or about the Site in excess of amounts prescribed by law and is not aware of the presence of Hazardous Materials on or about the Site in excess of amounts permitted by law.

11. Developer is operating and in good standing as a qualified limited liability company under the laws of the State of California and as reflected in the records of the California Secretary of State.

12. Developer executes this Developer Certificate for the benefit and protection of City with full knowledge that City is relying on this Developer Certificate in entering into and performing its obligations under the Agreement.

IN WITNESS WHEREOF, the undersigned, as Developer, has executed this Developer Certificate as of the date first written above.

DEVELOPER:

OUR LADY OF GUADALUPE
By:

Its:
[Name and Corporate Title]

Page 427 ends

Attachment No. 7
Certificate of Continuing Program Compliance

Page 1 of 2 ends

4872-0641-0356v5/200348-0010
ATTACHMENT NO. 7

CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
TO: City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Manager
The undersigned,____________________________, being duly authorized to execute this Certificate of Continuing Program Compliance (“Certificate”) on behalf of Our Lady of Guadalupe(“Developer”), hereby represents and warrants that:

1. She/He has read and is thoroughly familiar with the provisions of the Density Bonus and Affordable Housing Agreement (17103 Magnolia Street, Fountain Valley) (“DBAHA”) by and among City, City and Developer dated as of _____including without limitation the City Covenants and other attachments thereto. Capitalized terms used herein shall have the same meaning as that set forth in the DBAHA.

2. As of the date of this Certificate, the following number of completed residential units at the Site: (i) [____] studio units are currently occupied by Low Income Senior Citizen Households at Affordable Rent; (ii) [_____] one-bedroom units are currently occupied by Low Income Senior Citizen Households at Affordable Rent; ; or (iv) [______] units are currently vacant and being held available for occupancy by Low Income Senior Citizen Households and have been so held continuously since the date the immediately prior Senior Citizen Low Income Household vacated such unit:
 Occupied at an Affordable Rent by:

Low Income Senior Citizen Households # of Units, Nos.:
 Vacant:
a. Held for occupancy by:

Low Income Senior Citizen Households # of Units, Nos.:
b. Last occupied by:

Low Income Senior Citizen Households # of Units, Nos.:

3. At no time since the date of filing of the last Certificate of Continuing Program Compliance have less than one hundred percent (100%) of the Affordable Units as completed units in the Project been occupied by, or been last occupied, or have been available for tenancy and occupancy by Low Income Senior Citizen Households at an Affordable Rent.

Page 428 ends

Attachment No. 7
Certificate of Continuing Program Compliance

Page 2 of 2 ends

4872-0641-0356v5/200348-0010

4. Developer is not in default under the terms of the DBAHA, including without limitation the attachments, in particular the City Covenants.

DEVELOPER:

OUR LADY OF GUADALUPE
By:

Its:
[Name and Corporate Title]

Page 429 ends

Attachment No. 8
Calculation of Affordable Rent

Page 1 of 2 ends

4872-0641-0356v5/200348-0010
ATTACHMENT NO. 8

CALCULATION OF AFFORDABLE RENT
(under HSC 50052.2 and 50053)
(Based on 2023 State HCD Income Figures for Orange County)

1. Income Eligibility1
The first step in determining eligibility for tenancy and occupancy of the Affordable Units (here, studios/0-bedroom and 1-bedroom units) is determining whether the person or family that will be renting the housing unit meets the following income standards applicable to Orange County, based upon the size of the household:

Income
Level
1 person
household
2 person
household
3 person
household
4 person
household
Acutely Low $13,400 $15,300 $17,250 $19,150
Extremely
Low
$30,150 $34,450 $38,750 $43,050
Very Low $50,250 $57,400 $64,600 $71.750
Low/Lower $80,400 $91,850 $103,350 $114,800
Median $89,450 $102,250 $115,000 $127,800

2. Determining Affordable Rent
For rental housing, the second step in determining compliance with affordable housing requirements is determining whether the total rent costs payable by the tenant are within allowable amounts. Rent figures below are rent plus/inclusive of applicable utilities allowance (i.e., rents stated are set at the gross rents minus the currently applicable utilities allowances based on basic cooking, heating, and electric per the applicable regulation.)
For Lower Income Senior Citizen Households:2
• renting a 0 bedroom unit, monthly rent may not exceed $1,341.75 • renting a 1 bedroom unit, monthly rent may not exceed $1,533.75 In addition, for any Senior Citizen Low Income Household 1 Based on currently effective median income of Orange County, as released by the State of California, Department of Housing and Community Development (“HCD”) by memorandum dated and effective as of June 6, 2023 and posted on June 7, 2023 to the HCD website. These median income numbers are revised annually. These median income numbers are revised annually. 2 Affordable Rent for Lower Income Households is the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate to the unit. Health and Safety Code Section 50053 (b)(3).

Page 430 ends

Attachment No. 8
Calculation of Affordable Rent

Page 2 of 2 ends

4872-0641-0356v5/200348-0010
In addition, for any Lower Income Senior Citizen Household renter whose income falls within the following guidelines, it is optional for the agency to require that affordable rent not exceed 30 percent of the gross income of the household:
3 • 1 person households whose income is between $53,670 and $80,400 • 2 person households whose income is between $61,350 and $91,850 • 3 person households whose income is between $69,000 and $103,350 • 4 person households whose income is between $76,680 and $114,800 For purposes of determining Affordable Rent, “Rent” is an average of estimated housing costs for the next twelve months. “Rent” includes the total of monthly payments for all of the following:4
 Use and occupancy of a housing unit and land and facilities associated therewith.  Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.
 A reasonable allowance for utilities not included in the above costs, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service.  Possessory interest taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor. 3 Health and Safety Code Section 50053(b)(3).
4 25 California Code of Regulations Section 6918.

Page 431 ends

Attachment No. 9
Income Verification

Page 1 of 5 ends

4872-0641-0356v5/200348-0010
ATTACHMENT NO. 9

INCOME VERIFICATION
Part I -- General Information

1. Project Location:

2. Landlord’s Name:

Part II -- Unit Information

3. Unit Number of Monthly Number of
Number Bedrooms Rent Occupants
[ ]
Part III -- Affidavit of Tenant
I, ______________, and I, ______________, as applicants for rental of an Apartment Unit at the above-described location, do hereby represent and warrant as follows:
(My/Our) gross income (anticipated total annual income) does not exceed 80% of the Area Median Income for Orange County as defined by California Health and Safety Code Section 50079.5 and the implementing regulations issued by State Housing and Community Development as such income levels are established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and published by the State Department of Housing and Community Development in the California Code of Regulations. (I/We) understand that the applicable Median Income is [$ ]. The following computation includes all income (I/we) anticipate receiving for the 12-month period beginning on the date (I/we) execute a rental agreement for an Affordable Unit or the date on which (I/we) will initially occupy such unit, whichever is earlier.

Tenant(s)’ Initials

Page 432 ends

Attachment No. 9
Income Verification

Page 2 of 5 ends

4872-0641-0356v5/200348-0010

1. Tenants qualifying as A, B., or C above, must complete the following:

Monthly Gross Income
(All Sources of Income of All Adult Household Members Must be Listed) Source Head of
Household
Co-Tenants Total
Gross amount, before payroll
deductions of wages, salaries, overtime
pay, commissions, fees, tips, and
bonuses
Interest and/or dividends
Net income from business or from
rental property
Social security, annuities, insurance
policies, pension/retirement funds,
disability or death benefits received
periodically
Payment in lieu of earnings, such as
unemployment and disability
compensation, worker’s compensation
and severance pay
Alimony, child support, other periodic
allowances
Public assistance, welfare payments
Regular pay, special pay, and
allowances of members of Armed
Forces
Other
Total:

Page 433 ends

Attachment No. 9
Income Verification

Page 3 of 5 ends

4872-0641-0356v5/200348-0010
Total x 12 _________________ = Gross Annual Household Income Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; government benefits to a veteran for education; special pay to a serviceman head of family away from home and under hostile fire; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; relocation payments under Title II of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.

2. This affidavit is made with the knowledge that it will be relied upon by the Landlord to determine maximum income for eligibility and (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and that the estimate contained in paragraph 1 of this Part III is reasonable and based upon such investigation as the undersigned deemed necessary.

3. (I/We) will assist the Landlord in obtaining any information or documents required to verify the statements made in this Part III and have attached hereto copies of federal income tax return for most recent tax year in which a return was filed (past two years federal income tax returns for self-employed persons).

4. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) agreement with the Landlord to rent an Affordable Unit and will additionally enable the Landlord and/or the Fountain Valley Housing City to initiate and pursue all applicable legal and equitable remedies with respect to an Affordable Unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct.

Date Tenant
Date Tenant

Page 434 ends

Attachment No. 9
Income Verification

Page 4 of 5 ends

4872-0641-0356v5/200348-0010

INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a rental unit located in a project financed under a multifamily housing program of the City of Fountain Valley for persons of Lower Income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee’s current annual income from wages, overtime, bonuses, commissions, or any other form of compensation received on a regular basis.

Annual wages
Overtime
Bonuses
Commissions
Total current income
I hereby certify that the statements above are true and complete to the best of my knowledge.

Signature Date Title
I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under a multifamily housing program of the City of Fountain Valley.

Signature Date
Please send to:

Page 435 ends

Attachment No. 9
Income Verification

Page 5 of 5 ends

4872-0641-0356v5/200348-0010

INCOME VERIFICATION
(for self-employed persons)
I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge.

Signature Date

Page 436 ends

245 Fischer Ave., Suite B2, Costa Mesa, California 92626 W: ipaoc.com CA: 714-557-2448 TX: 713-805-9097 December 07, 2022
Re: Our Lady of Guadalupe
Project Address: 17103 Magnolia Street
Fountain Valley, CA 92708
Reviewed by: Steven Ayers
Project Description
The project site is located at 17103 Magnolia Street. The project is flanked by residential, singlefamily homes to the south and to the west of the site while shopping centers can be found to the north and to the east.

We are proposing the construction of a new 2-story building. The new building would add 29 affordable units to the site as well as 22 additional parking spaces and an additional trash enclosure. There is an existing building on the site that will remain. The existing building is a 3- story affordable senior housing facility serving the City of Fountain Valley. The building includes 71 affordable units and 46 parking spaces. The new building will be an expansion for the existing building and will be located behind the existing building. In total, there will be 100 units on the property. All 100 units on the property will be age restricted for seniors at the low-income category between 60-80% of the median income.

If you should have any questions, please contact our office.

Sincerely,
Daniella Jimenez
[email protected]

Page 437 ends

245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626
(714) 557 2448 www.ipaoc.com

ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Title
T
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
T
A1
A2
A3
A4
A5
A6
A7
A8
A9
Title
Site Plan
Site Plan w/ Neighboring Properties
First Floor Plan
Second Floor Plan
Roof Plan
Exterior Elevations
Exterior Elevations
Unit Plans
Trash Enclosure Plan & Elevations
Common Area Calculations
First Floor
Second Floor
Area Type

CIRCULATION

CIRCULATION - VERTICAL

MECHANICAL

SERVICE

CIRCULATION

CIRCULATION - VERTICAL

RESIDENT ACTIVITY

SERVICE
Area (SF)
1,357
419
23 228
2,027 sq ft
1,512
191
198
48 1,949 sq ft
3,976 sq ft

GROSS AREA CALCS

FIRST FLOOR

SECOND FLOOR

TRASH ENCLOSURE
Area (SF)
4,307
4,444
9,288
403
18,442 sq ft

OUR LADY OF

GUADALUPE
405

NEWLAND

MAGNOLIA ST
ST

SLATER AVE

WARNER AVE

UNIT MIX
First Floor
Second Floor
Unit Name
IL-0A
IL-1A
IL-0A
IL-0B
IL-1A
Unit Type

INDEPENDENT LIVING - STUDIO
INDEPENDENT LIVING - 1 BED

INDEPENDENT LIVING - STUDIO

INDEPENDENT LIVING - STUDIO
INDEPENDENT LIVING - 1 BED
Beds
1 1
14 1
1 1
15 29
Qty
7 7
14 7
1 7
15 29
Area (SF)
378
556
378
422
556
Total (SF)
2,646
3,892
6,538 sq ft
2,646
422
3,892
6,960 sq ft
13,498 sq ft

GUADALUPE MANOR

OUR LADY OF GUADALUPE

PROJECT INFORMATION

SHEET INDEX

SITE INFORMATION
APN(S): 167-391-24
ZONING (EXISTING): C1 - LOCAL BUSINESS
ZONING (PROPOSED): R4 - HIGH DENSITY MULTIPLE DWELLING

LEGAL DESCRIPTION
PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE

OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL,

GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM HOLMES LOAN & REALTY CO., TO JOE ISHIL AND OTHERS, RECORDED OCTOBER 1, 1941 IN BOOK 1112, PAGE 224 OF OFFICIAL RECORDS.

BY DEEDS RECORDED APRIL 11, 1961 IN BOOK 5685, PAGE 807 OF OFFICIAL RECORDS, AND IN BOOK 5685, PAGE 812 OF OFFICIAL RECORDS, ALL OIL, MINERALS AND OTHER HYDROCARBONS ABOVE A DEPTH OF 500 FEET FROM

THE SURFACE OF SAID LAND, WERE QUITCLAIMED TO THE OWNERS OF RECORD.

BY QUITCLAIM DEEDS RECORDED JANUARY 28, 1988 AS INSTRUMENT NO. 88- 040501 AND 88-040502 AND JUDGMENT BY COURT AFTER DEFAULT AND FINAL ORDER OF CONDEMNATION RECORDED APRIL 6, 1989 AS INSTRUMENT NO. 89- 181685 ALL OF OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.

SCOPE OF WORK
PROPOSED CONSTRUCTION OF A NEW 2-STORY BUILDING WITH 29 AFFORDABLE UNITS FOR SENIORS.

SITE DATA
SITE AREA: 91,503 SF
BUILDING FOOTPRINT: 8,751 SF (PROPOSED BLDG)
403 SF (PROPOSED TRASH ENCLOSURE)
18,997 SF (EXISTING BLDG)
28,151 SF TOTAL
LOT COVERAGE: 31%
TOTAL BUILDING AREA: 18,039 SF (PROPOSED BLDG)
403 SF (PROPOSED TRASH ENCLOSURE)
50,932 SF (EXISTING BLDG)
71,374 SF TOTAL

BUILDING CONSTRUCTION
OCCUPANCY TYPE: R4
CONSTRUCTION TYPE: TYPE V
(CBC CHAPTER 5)
SPRINKLERS: FULLY SPRINKLERED, NFPA 13

LANDSCAPE AREA
TOTAL SITE 91,503 SF
15% REQUIRED 13,756 SF
PROVIDED 23,557 SF = 25.7%

PARKING
EXISTING 13 SPACES
RELOCATED 33 SPACES
NEW 17 SPACES
TOTAL 63 SPACES
ADA SPACES 5 SPACES
ADA VAN SPACES 1 SPACE
TOTAL 6 SPACES

VICINITY MAP

PROJECT DATA PROJECT TEAM
OWNER:

Our Lady of Guadalupe
17103 Magnolia Street
Fountain Valley, Ca 92708
T: 714-325-0908
E: [email protected]
ARCHITECT:

Irwin Partners Architects
245 Fischer Avenue, Suite B2
Costa Mesa, CA 92626
T: 714 557 2448
F: 714 486 3994
E: [email protected]
Greg Irwin, Principal
CIVIL:

Waber Consultants, Inc.
19210 S. Vermont Ave., Ste. A115
Gardena, CA 90248
T: 424 344 2464
F: 562 372 3282
E: [email protected]
Mahir Waber, Principal
LANDSCAPE ARCHITECT:

Vai Associates Inc.

Landscape Architects
2522 Chambers Road, Suite #100
Tustin, CA 92780
T: 714 3933 0303
E: [email protected]
Gene Hirao, Landscape Architect

ZONING COMPLIANCE TABLE
a. MINIMUM LOT AREA
CODE - 10,000 SF PROJECT - 91,503 SF
b. MINIMUM LOT WIDTH
CODE - 60 FT PROJECT - 150'-3"
c. MAXIMUM DENSITY
CODE - 30 DU/AC PROJECT - 47.6 DU/AC
d. MAXIMUM NUMBER OF DWELLING UNITS PER PARCEL
CODE - 1 PER 1,452 SF OF SITE AREA PROJECT - 910 SF OF SITE AREA e. MINIMUM SETBACKS (FRONT, SIDE, REAR)
FRONT - CODE 20 FT PROJECT - 391'-8" (NEW)
50'-6" (EXISTING)
SIDE - CODE 5 FT PROJECT - 7'-1" & 66'-6" (NEW)
18'-2" & 31'-10" (EXISTING)
REAR - CODE 25 FT PROJECT - 80'-11" (NEW)
237'-11" (EXISTING)
f. BETWEEN RESIDENTIAL STRUCTURES
CODE - 27.5 FT PROJECT - 20'-0"
g. SECOND STORY
CODE - 25 FT PROJECT - 64'-4" & 80'-11"
h. HEIGHT LIMIT
CODE - 35 FT PROJECT - 28'-0"
i. SITE COVERAGE
CODE - 40% PROJECT - 31%
j. MINIMUM FLOOR AREA
CODE - STUDIO 500 SF PROEJCT - STUDIO (IL-0A) - 378 SF
PROEJCT - STUDIO (IL-0B) - 422 SF
CODE - 1 BD 750 SF PROEJCT - 1 BD (IL-1A) - 556 SF
k. PRIVATE OPEN SPACE
CODE - 100 SF PER UNIT PROJECT - 0 SF PER UNIT
l. LANDSCAPING
CODE - 15% OF SITE AREA PROJECT - 25.7% OF SITE AREA
m. PARKING
CODE - 58 PARKING SPACES PROJECT - 63 PARKING SPACE
CIVIL
1 Preliminary Site Plan
2 Preliminary Grading and Drainage Plan
3 Preliminary WQMP
4 Preliminary WQMP Detail
5 Preliminary Utility

ELECTRICAL
E1.0 Site Photometric Plan

LANDSCAPE
1 Preliminary Landscape Plan
Landscape Plant Photos

ARCHITECTURAL
Revised plan received November 28, 2023

Page 438 ends

245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626
(714) 557 2448 www.ipaoc.com

ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Site Plan
A1
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
7'-1"
66'-6"
80'-11 1/2"
10'-1 1/2"
9'-0"
TYP
9'-0"
TYP
19'-0" TYP
19'-0" TYP
25'-0"
8'-0"
17'-8"
22'-10"
150'-5"
609'-8"
7'-3"
5'-0"
4'-0"
15'-5 1/2"
5'-0"
5'-0"
9'-0"
TYP
19'-0" TYP 6'-0"
5'-5"
4'-0"
4'-0"
18'-10"
4'-0"
8'-0"
8'-0"
9'-0"
TYP
19'-0" TYP
26'-0"
20'-0"
9'-0"
TYP
9'-0"
TYP
20'-0"
20'-0"
9'-0"
TYP
25'-0"
9'-0"
TYP
20'-0"
4'-0"4'-0"
25'-0"
9'-0"
19'-0"
3'-3"
35'-1"
48'-5 1/2"
5'-0"
15'-5 1/2"
10'-5"
64'-4"
391'-8 1/2"
237'-11 1/2"
609'-8"
10'-0"
9'-2"

NEW HYDRANT

EXISTING

HYDRANT

EXISTING

HYDRANT

KNOX BOX

LOCATION

LIGHTING

EXISTING

HYDRANT

LIGHTING

SEWER EASEMENT (E)

1.1 7' SETBACK
(SIDE)

BLDG FOOTPRINT

TWO-STORY
29 UNIT

FOOTPRINT
(8,751 SF)
GROSS
18,039 SF

1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2

2.1 2.13

NEW FIRE ACCESS

GATE LOCATION

2.14 1.13 1.12

1.15 1.16

1.17 1.18

1.19 1.20
VAN

MAGNOLIA STREET

2.12 2.11

2.10 2.9

2.8 2.7

2.6 2.5

2.4 2.2

2.3 1.14

EV EV EV EV CAR EV EV EV

BACK-FLO METAL

FENCE (E)

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.11 0.12 0.13 0.14 0.15 0.16

EMERGENCY FIRE ACCESS & TRASH COLLECTION EASEMENT (E)

EXISTING PARKING FOR

NEIGHBORING BUILDING

FIRE LANE NO PARKING

NO PARKING FIRE LANE

NEIGHBORING BUILDING

EXISTING PARKING FOR

NEIGHBORING BUILDING

PET AREA
PATIO

PATIO PATIO
Trash
403 SF
20'-0"
31'-10"
50'-6"
18'-2"
103 SF

WALKING PATH

EXISTING BUILDING

THREE-STORY
71 UNITS

FOOTPRINT
18,997SF

EXISITING
TRASH

ENCLOSURE

GROSS AREA CALCS

FIRST FLOOR

SECOND FLOOR

TRASH ENCLOSURE
Area (SF)
4,307
4,444
9,288
403
18,442 sq ft
4"
MIN.
2'-0"
MIN.
1'-6"
5'-0" TO BOTTOM OF

LOWEST REQUIRED SIGN

REFLECTIVE ALUMINUM

REFLECTIVE ALUMINUM
(SEE NOTE 3 BELOW)

FINISH GRADE
NOTES:

1. "DISABLED PARKING" SIGN TO CONFORM TO CURRENT
FEDERAL, STATE AND LOCAL CODES & REGULATIONS.

2. SIGNS SHALL BE PROPERLY CENTERED WITHIN THE
PARKING SPACE. SIGN FACE SHOULD BE LOCATED NO
FARTHER THAN 6 FEET FROM FRONT OF EACH
PARKING SPACE.

3. THIS SIGN TYPICAL AT ALL "VAN ACCESSIBLE" PARKING
SPACES.

GALVANIZED 2" x 2"

TELESPAR CHANNEL
POST

PROPOSED GROUND

SURFACE
4000 PSI CONCRETE

PARKING
ONLY
FINE $250

MINIMUM

THE CLEARANCE TO ANY

PORTION OF A SIGN WITHIN

THE ACCESSIBLE PATH OF
TRAVEL MUST BE 80" MIN.

ABOVE OF FIN. GRADE.

VAN

ACCESSIBLE

UNIT MIX
First Floor
Second Floor
Unit Name
IL-0A
IL-1A
IL-0A
IL-0B
IL-1A
Unit Type

INDEPENDENT LIVING - STUDIO
INDEPENDENT LIVING - 1 BED

INDEPENDENT LIVING - STUDIO

LANDSCAPING AREA
TOTAL SITE 91,503 SQ FT
15% REQUIRED 13,756 SQ FT
PROVIDED 23,557 SQ FT (25.7%)

PROVIDED PARKING
EXISTING 13
RELOCATED 33
NEW 17
TOTAL 63

REQUIRED PARKING
EXISTING UNITS 71
NEW UNITS 29
TOTAL UNITS 100
100 X 0.5 = 50
29 \ 4 = 8
TOTAL REQ. PARKING 58

EXISTING BUILDING
BUILDING FOOTPRINT 18,997 SF
BUILDING AREA 50,932 SF

UNITS PER FLOOR
FIRST FLOOR 23 UNITS
SECOND FLOOR 28 UNITS
THRID FLOOR 20 UNITS
TOTAL 71 UNITS

ZONING COMPLIANCE TABLE
a. MINIMUM LOT AREA
CODE - 10,000 SF PROJECT - 91,503 SF
b. MINIMUM LOT WIDTH
CODE - 60 FT PROJECT - 150'-3"
c. MAXIMUM DENSITY
CODE - 30 DU/AC PROJECT - 47.6 DU/AC
d. MAXIMUM NUMBER OF DWELLING UNITS PER PARCEL
CODE - 1 PER 1,452 SF OF SITE AREA PROJECT - 910 SF OF SITE AREA e. MINIMUM SETBACKS (FRONT, SIDE, REAR)
FRONT - CODE 20 FT PROJECT - 391'-8" (NEW)
50'-6" (EXISTING)
SIDE - CODE 5 FT PROJECT - 7'-1" & 66'-6" (NEW)
18'-2" & 31'-10" (EXISTING)
REAR - CODE 25 FT PROJECT - 80'-11" (NEW)
237'-11" (EXISTING)
f. BETWEEN RESIDENTIAL STRUCTURES
CODE - 27.5 FT PROJECT - 20'-0"
g. SECOND STORY
CODE - 25 FT PROJECT - 64'-4" & 80'-11"
h. HEIGHT LIMIT
CODE - 35 FT PROJECT - 28'-0"
i. SITE COVERAGE
CODE - 40% PROJECT - 31%
j. MINIMUM FLOOR AREA
CODE - STUDIO 500 SF PROEJCT - STUDIO (IL-Sa) - 378 SF
PROEJCT - STUDIO (IL-Sb) - 422 SF
CODE - 1 BD 750 SF PROEJCT - 1 BD (IL-1a) - 556 SF
k. PRIVATE OPEN SPACE
CODE - 100 SF PER UNIT PROJECT - 0 SF PER UNIT
l. LANDSCAPING
CODE - 15% OF SITE AREA PROJECT - 25.7% OF SITE AREA
m. PARKING
CODE - 58 PARKING SPACES PROJECT - 63 PARKING SPACE

ADA ACCESSIBLE PARKING STALL SIGNAGE
SCALE: 1 1/2" = 1'-0"

TRASH ENCLOSURES
EXISTING 103 SF
NEW 403 SF
TOTAL 506 SF

Page 439 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Site Plan w/ Neighboring Properties
A2
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
7'-1"
66'-6"
80'-11 1/2"
10'-1 1/2"
9'-0"
TYP
9'-0"
TYP
19'-0" TYP
19'-0" TYP
25'-0"
8'-0"
17'-8"
22'-10"
150'-5"
609'-8"
7'-3"
5'-0"
4'-0"
15'-5 1/2"
5'-0"
5'-0"
9'-0"
TYP
19'-0" TYP 6'-0"
5'-5"
4'-0"
4'-0"
18'-10"
4'-0"
8'-0"
8'-0"
9'-0"
TYP
19'-0" TYP
26'-0"
20'-0"
9'-0"
TYP
9'-0"
TYP
20'-0"
20'-0"
9'-0"
TYP
25'-0"
9'-0"
TYP
20'-0"
4'-0"4'-0"
25'-0"
9'-0"
19'-0"
3'-3"
35'-1"
48'-5 1/2"
5'-0"
15'-5 1/2"
10'-5"
64'-4"
391'-8 1/2"
237'-11 1/2"
609'-8"
10'-0"
9'-2"

NEW HYDRANT

EXISTING

HYDRANT

EXISTING

HYDRANT

KNOX BOX

LOCATION

LIGHTING

EXISTING

HYDRANT

LIGHTING

SEWER EASEMENT (E)

1.1 7' SETBACK
(SIDE)

BLDG FOOTPRINT

TWO-STORY
29 UNIT

FOOTPRINT
(8,751 SF)
GROSS
18,039 SF

1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2

2.1 2.13

NEW FIRE ACCESS

GATE LOCATION

2.14 1.13 1.12

1.15 1.16

1.17 1.18

1.19 1.20
VAN

MAGNOLIA STREET

2.12 2.11

2.10 2.9

2.8 2.7

2.6 2.5

2.4 2.2

2.3 1.14

EV EV EV EV CAR EV EV EV

BACK-FLO METAL

FENCE (E)

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.11 0.12 0.13 0.14 0.15 0.16

EMERGENCY FIRE ACCESS & TRASH COLLECTION EASEMENT (E)

EXISTING PARKING FOR

NEIGHBORING BUILDING

FIRE LANE NO PARKING

NO PARKING FIRE LANE

NEIGHBORING BUILDING

EXISTING PARKING FOR

NEIGHBORING BUILDING

PET AREA
PATIO

PATIO PATIO
8909 8921 8935
8947
8959
8967
17154
17164 17163 17164
8895 8883
17162 17161
17136
17108
17122
17096

LA PALOMA AVE
SANTA
CLARA
ST

SANTA MADRINA ST
8841
17084
8851
Trash
403 SF
20'-0"
31'-10"
50'-6"
18'-2"
103 SF

WALKING PATH

EXISTING BUILDING

THREE-STORY
71 UNITS

FOOTPRINT
18,997SF

EXISITING
TRASH

ENCLOSURE

Page 440 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
First Floor Plan
A3
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
987654321
10 11
1213141516171819 UP
19 RISERS (6 61/64")
987654321
10 11
1213141516171819 UP
19 RISERS (6 61/64")
REF
REF
REF
REF
REF
REFREF

REFREFREFREFREFREF
REF
01 A6
02 A6
02 A7
04 A7
05 A7
3'-8" 54'-0" 16'-10" 62'-6"
45'-6" 31'-2"
76'-8"
3'-6" 21'-6" 7'-2" 25'-0"
9'-2" 42'-6" 25'-0"
9'-2" 38'-6" 6'-2" 8'-5" 16'-7"
78'-10"
3'-6" 21'-6" 7'-2" 25'-0"
45'-6" 31'-2"
76'-8"
2'-8"
4'-2"
2'-0"
3'-0"3'-0"
6'-2"
3'-0" 3'-0"
5'-4"
22'-9" 22'-9"22'-9" 22'-9" 6'-2" 25'-0"
22'-9" 15'-9"
22'-9" 15'-6" 15'-9" 15'-9" 15'-6" 15'-6" 15'-9"
57'-2" 19'-6" 57'-2"
8'-8" 6'-8" 9'-8"
5'-7" 8'-3"
22'-9" 13'-7" 6'-2"
133'-4"
133'-10"
3'-0"
STAIR
178 SF

ELEV EQ
45 SF
ELEV
63 SF
F. R.
23 SF
MECH
105 SF
JAN
78 SF
CORR
685 SF
STAIR
178 SF
CORR
672 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
01 A7
RG
RG
RG
RG
RG
RG
RG

RGRGRGRGRGRG
RG
01SCALE: 1/8" = 1'-0"
First Floor Plan

Page 441 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Second Floor Plan
A4
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
DOWN
DOWN

D W W/D W/D
REF
REF
REF
REF
REF
REFREF

REFREFREFREFREFREF
REF
REF
01 A6
02 A6
02 A7
04 A7
05 A7
45'-6" 6'-2" 25'-0"
76'-8"
9'-2" 38'-6" 6'-2" 25'-0"
78'-10"
133'-4"
3'-6" 21'-6" 7'-2" 25'-0"
3'-0"
4'-2"
2'-0"
3'-0"3'-0"
3'-0"
9'-2" 35'-10"
2'-6"
22'-9" 22'-9"
23'-0" 12'-10"
22'-9" 22'-3"
14'-10" 23'-8"
22'-9" 15'-6" 15'-6" 17'-4" 15'-6" 15'-6" 15'-6" 15'-9" 57'-2" 19'-6" 57'-2"
3'-6" 21'-6" 7'-2" 25'-0"
15'-4" 9'-8"
5'-7" 8'-3"
3'-0"
45'-0"45'-0"
STAIR 1
64 SF
CORR
1,512 SF
ELEV
63 SF
RES. LAUNDRY
198 SF
JAN
48 SF
STAIR 2
64 SF
IL-1A
556 SF
IL-1A
556 SF IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-1A
556 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0A
378 SF
IL-0B
422 SF
01 A7
RG
RG
RG
RG
RG
RG
RG

RGRGRGRGRGRG
RG
RG
01SCALE: 1/8" = 1'-0"
Second Floor Plan

Page 442 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Roof Plan
A5
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
01 A6
02 A6
02 A7
04 A7
05 A7

MECHANICAL

EQUIPMENT
4:12
SLOPE
4:12
SLOPE

ROOF WELL
TOWER

ROOF WELL
4:12
SLOPE
4:12
SLOPE

ROOF WELL
4:12
SLOPE
4:12
SLOPE
4:12
SLOPE

ROOF WELL

ROOF WELL
4:12
SLOPE
4:12
SLOPE
4:12
SLOPE
4:12
SLOPE
4:12
SLOPE
4:12
SLOPE
01 A7
01SCALE: 1/8" = 1'-0"
Roof Plan

Page 443 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Exterior Elevations
A6
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
±0"
First Floor
+11'
Second Floor
+22'
Roof
6'-0"
9'-8"
4'-0"4'-0"
26'-0"26'-0"
28'-0" MAX HT

TRIM METAL AWNING EXTERIOR WALL LIGHT
+26'
Top of Roof
+28'
Tower
4 12
TYP

PARAPET
HT

PARAPET HT

PARAPET
HT
±0"
First Floor
+11'
Second Floor
+22'
Roof
28'-0" MAX HEIGHT
26'-0"
9'-8"
4'-0"4'-0"

METAL AWNING TRIM
4 12
TYP
+26'
Top of Roof
+28'
Tower

PARAPET
HT

PARAPET
HT
01SCALE: 1/8" = 1'-0"
South Elevation
02SCALE: 1/8" = 1'-0"
North Elevation

COLOR BOARD

OUR LADY OF GUADALUPE

EXISTING BUILDING

NEW BUILDING COLORS AND MATERIALS TO

MATCH COLOR SCHEME AND MATERIALS OF

EXISTING BUILDING
DE6149

CREAM WASHED
Stucco 1, Trim
LRV 71
DE6150

GOURMET HONEY
Stucco 2, Trim
LRV 58

QUARRY GRAY

TRUDEFINITION DURATION

OWEN CORNING
Roof

Page 444 ends

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Exterior Elevations
A7
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
±0"
First Floor
+11'
Second Floor
+22'
Roof
28'-0"

MAX HEIGHT
26'-0"

MAX HEIGHT
4'-0"4'-0"
6'-0"

METAL AWNING EXTERIOR WALL LIGHT TRIM
4 12
TYP

PARAPET
HT

PARAPET
HT
+26'
Top of Roof
+28' Tower

PARAPET HT
±0"
First Floor
+11'
Second Floor
+22'
Roof
6'-0"
26'-0"
28'-0" MAX HT
4'-0"
9'-8"

TRIM METAL AWNING EXTERIOR WALL LIGHT
4 12
TYP
+26'
Top of Roof
+28' Tower

PARAPE HT

PARAPET
HT
±0"
First Floor
+11'
Second Floor
+22'
Roof
26'-0"
6'-0"
4'-0"
28'-0" MAX HT
9'-8"

TRIM METAL AWNING EXTERIOR WALL LIGHT
4 12
TYP
+26'
Top of Roof
+28' Tower

PARAPE HT

PARAPET
HT
±0"
First Floor
+11'
Second Floor
+22'
Roof
28'-0"

MAX HEIGHT
4'-0"
26'-0"
6'-0"
4'-0"

METAL AWNING EXTERIOR WALL LIGHT TRIM
4 12
TYP
+26'
Top of Roof
+28' Tower

PARAPET
HT

PARAPE HT

PARAPET
HT
02SCALE: 1/8" = 1'-0"
West Elevation 05SCALE: 1/8" = 1'-0"
West Elevation 'B'
04SCALE: 1/8" = 1'-0"
East Elevation 'A'
01SCALE: 1/8" = 1'-0"
East Elevation

OUR LADY OF GUADALUPE

EXISTING BUILDING

NEW BUILDING COLORS AND MATERIALS TO

MATCH COLOR SCHEME AND MATERIALS OF

EXISTING BUILDING

COLOR BOARD
DE6149

CREAM WASHED
Stucco 1, Trim
LRV 71
DE6150

GOURMET HONEY
Stucco 2, Trim
LRV 58

QUARRY GRAY

TRUDEFINITION DURATION

OWEN CORNING
Roof

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ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Unit Plans
A8
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
REF
22'-6"
12'-0" 10'-6"
6'-3" 2'-0" 5'-1" 11'-8"
25'-0"
1'-3"
23'-9"
11'-3" 6'-4"
17'-7" 4'-11"
5'-10"

PTAC PTAC
IL-1A
556 SF
RG
25'-0"
REF
11'-4" 2'-4" 11'-4"
15'-6"
1'-3" 23'-9"
7'-11" 7'-7"
6'-0" 1'-11"
6'-11"
1'-0"
PTAC
IL-0A
378 SF
RG
25'-0"
REF
11'-4" 2'-4" 11'-4"
17'-4"
1'-3" 23'-9"
7'-11" 9'-5"
6'-0" 1'-11"
6'-8"
1'-0"
PTAC
IL-0B
422 SF
RG
01SCALE: 1/4" = 1'-0"
IL-1A Unit Plan
04SCALE: 1/4" = 1'-0"
IL-0A Unit Plan
07SCALE: 1/4" = 1'-0"
IL-0B Unit Plan

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ARCHITECTURE PLANNING CONSULTING

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OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708
Trash Enclosure Plan & Elevations
A9
PROJECT NO: 21000
PLOT DATE: 11/28/2023
21000 Guadalupe Manor Preliminary
±0"
First Floor
+11'
Second Floor
6'-0"
9'-0"
48" MIN - 60" MAX

PEDESTRIAN OPENING
3' X 6'
10" STEEL ROOF

BEAM PAINTED
4" SQUARE

TUBE POST
6' HIGH
8" CMU WALL

PREFINISHED STEEL

ROOF PANELS

PREFINISHED STEEL PANELS

TO MATCH ROOF PANELS
SCAVENGING SIGNAGE (09/A9)
NOTE: WALL COLOR

TO MATCH EXISTING

SITE WALLS
±0"
First Floor
+11'
Second Floor
6'-0"
9'-0"
10" STEEL ROOF

BEAM PAINTED
4" SQUARE

TUBE POST
6' HIGH
8" CMU WALL
NOTE: WALL COLOR

TO MATCH EXISTING

SITE WALLS

PREFINISHED STEEL

ROOF PANELS
±0"
First Floor
+11'
Second Floor
6'-0"
9'-0"
48" MIN - 60" MAX

PREFINISHED STEEL PANELS

TO MATCH ROOF PANELS
6' HIGH SOLID GATES
10" STEEL ROOF

BEAM PAINTED
4" SQUARE

TUBE POST
6' HIGH
8" CMU WALL

PREFINISHED STEEL

ROOF PANELS
1/4" : 1' SLOPE
NOTE: WALL COLOR

TO MATCH EXISTING

SITE WALLS

SCAVENGING
SIGNAGE (09/A9)
±0"
First Floor
+11'
Second Floor
6'-0"
9'-0"
10" STEEL ROOF

BEAM PAINTED
4" SQUARE

TUBE POST
6' HIGH
8" CMU WALL

PREFINISHED STEEL

ROOF PANELS
1/4" : 1' SLOPE
NOTE: WALL COLOR

TO MATCH EXISTING

SITE WALLS
05 A9
04 A9
02 A9
01 A9
17'-8"
8" 6"
4'-0"
MAX
2'-4" 4'-0"
MAX
6"
5'-0"
8"
8" 6" 8'-0" MAX 1'-10" 8'-0" MAX8" 6" 3'-0" 18'-8"
22'-10"
6' HIGH SOLID
GATES
12" HIGH CURB TO

PREVENT ENCLOSURE
DAMAGE
4" SQUARE

TUBE POST
6' HIGH 8 " CMU WALL

DRAIN - CONNECT PER

CITY REQUIREMTNS

BERM FOR CONTAINMENT
6" CONC. FLOOR SLAB
W/ #4 BARS 18' O.C.

EACH WAY (SLOPE TO
DRAIN AT 2%)

PEDESTRIAN
GATE 3' X 6'

WALL LIGHT

DUMPSTER DUMPSTER

DUMPSTER DUMPSTER
04SCALE: 3/8" = 1'-0"
East Elevation
05SCALE: 3/8" = 1'-0"
West Elevation
01SCALE: 3/8" = 1'-0"
North Elevation
02SCALE: 3/8" = 1'-0"
South Elevation
SCALE: 3/8" = 1'-0"
Trash Enclosure Enlarged Plan
09Scavenging Signage

Page 447 ends

(30)
(30)
(30)
(30)
(27)
(27) (28) (28) (28) (28)
(28) (28)
(29)
(29) (29) (29)
(29) (29)
(29)
(29)
(29) (29)
(29)

EXISTING BUILDING

THREE-STORY
71 UNITS
FF = (31.00)
PARCEL 1
<
<
<
<

TWO STORY
BLDG 1
FF = 31.00

TWO STORY
BLDG 2
FF = 31.00
VAN
11 10.64'
64' 6.83' 57.17' 16.83' 66.17' 16.78'
(321.49') (49.75') (50')
19'
TYP. 9' TYP.
8' 9'
9'
TYP. 19' TYP.

9.5' 7'
N89°32'40"W 609.68' MAGNOLIA STREET N0°16'31"E 2641.40' S89°43'29"W 609.68' N0°16'26"W 148.35' N0°16'31"E 150.27' 8 12

SETBACK
LINE 5'
P/L
P/L
P/L
R/W

20.48' 49.5' 4.2'
19' 26' 19'
9'
TYP.

PROPOSED TRASH

ENCLOSURE
PROPOSED GATE 9' TYP.
9'
R5' 25' 9' 3.19' 19' 5' 4' 76.67'
R4'
R2'
R3'
R2.5'
R2.5' R2.5' R33' R4' 7'
R2.5' R2.5'
R2.5'
R2.5'
R2.5'
9'
TYP.
9'
TYP.

PRELIMINARY SITE PLAN

VICINITY MAP
SCALE 1" = 1 MILE

PRELIMINARY SITE PLAN

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708
LEGEND

R/W OR P/L

EASEMENT LINE

SETBACK LINE
1 OF 5 SHEETS
SHEET
DATE:

JOB NO. 21041
3/10/2023 W:\21-041 OUR LADY OF GUADALUPE\DWG\21041-01PSP.dwg Mar 10, 2023 - 5:21pm

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT TOLL FREE 1-800-227-2600
DIAL
BEFORE

YOU DIG

TWO WORKING

DAYS BEFORE

YOU DIG

REVISIONS

DATE DESCRIPTION

BASIS OF BEARINGS
THE BEARING OF N89°32' 38" W FOR THE CENTERLINE OF WARNER AVENUE AS SHOWN ON A MAP OF TRAGT No 4696 RECORDED IN MISCELLANEOUS MAP BOOK 13, PAGES 41 AND 43 RECORDS OF ORANGE COUNTRY, CALIFORNIA.
0 SCALE: 1" = 20'
20' 10' 20' 40'
INC Waber Consultants

PLANNING CIVIL ENGINEERING SURVEYING
19210 S. VERMONT AVE., SUITE 115, GARDENA, CA 90248
P (424) 344-2464 F (562) 372-3282

BENCHMARK
DESCRIPTION:

DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1D-93-87 RESET FEB 1987", SET IN THE NORTHWEST CORNER OF A 5 FT. BY 5 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED 6 FT.NORTH OF THE NORTHERLY CURB AND 104 FT. EAST OF THE END OF MERLE CIRCLE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.

SITE STATISTICS:

ADDRESS 17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 APN 167-391-24

ZONING LOCAL BUSINESS
SITE / LOT AREA 91,503 SF TOTAL AREA
BUILDINGS:

BLDG 1 - 2 STORY 4,307 SF
BLDG 2 - 2 STORY 4,444 SF
BLDG 1 & 2 SECOND STORY AREA 9,288 SF
TRASH ENCLOSURE 403 SF
TOTAL BUILT UP AREA 18,422 SF
TOTAL LOT COVERAGE 8,751 SF
OPEN SPACE REQUIRED (300 sf/ unit) 15% x 91,503 = 13,756 REQ'D OPEN SPACE PROVIDED 26,479 SF / 29.0%

BUILDINGS TO BE TYPE VA SPRINKLERED
PARKING:

EXISTING PARKING 13
RELOCATED 33
NEW 22
TOTAL PARKING PROVIDED 68 STALLS
TOTAL PARKING REQUIRED 58 STALLS
PROJECT SCOPE:

CONSTRUCTION OF TWO 2 STORY APARTMENT BUILDINGS
EASEMENT LEGEND:
10' SEWER EASEMENT
10" WATER EASEMENT 89-460048 O.R.
8 12

Page 448 ends

(30)
(30)
(30)
(30)
(27)
(27) (28) (28) (28) (28)
(28) (28)
(29)
(29) (29) (29)
(29) (29)
(29)
(29)
(29) (29)
(29)

EXISTING BUILDING

THREE-STORY
71 UNITS
FF = (31.00)
PARCEL 1
<
<
<
<

TWO STORY
BLDG 1
FF = 31.00

TWO STORY
BLDG 2
FF = 31.00
VAN
N89°32'40"W 609.68' MAGNOLIA STREET N0°16'31"E 2641.40' S89°43'29"W 609.68' N0°16'26"W 148.35' N0°16'31"E 150.27' 8 12
(29.17)
CONF
(29.06)
CONF

29.68 TC

29.18 FS

29.11 FS

30.70 TC

30.20 FS

30.50 TC

30.00 FS
(30.24)
CONF
(29.89 TC)
(29.42 FS)
(29.86 TC)
(29.42 FS)

30.98 FS

30.75 TC

30.25 FS

30.73 TC

30.23 FS

30.84 TC

30.34 FS

30.84 TC

30.34 FS

30.84 TC

30.34 FS

30.54 TC

30.04 FS

29.44 TC

28.94 FS

1.70%

2.99%

1.95%

1.61%

3.71% 3.42%3.10%2.75% 2.25%

30.08 TC

29.58 FS

30.59 TC

30.09 FS

30.56 TC

30.06 FS

30.22 TC

29.72 FS

30.29 TC

29.79 FS

30.80 TC

30.30 FS

1.38%

2.28%

30.65 TC

30.15 FS

28.35 TG 1.79% 1.54% 1.79%

30.24 TC

29.74 FS

30.84 TC

30.34 FS

3.15%

30.00 FS

29.79 30.19 TC FS

29.69 FS 0.56% 2.79%

0.50%

29.65 FL

29.16 TG

29.09 TG
30 29
29 30 30
30 29.26
FL 0.39%

29.60 TG

29.88 TG

30.18 TG

30.07 TG

30.83 TG

30.10 HP

29.78 TG

29.31 TG

29.71 FL

30.79 TG

30.93 TG 30.09
HP

29.82 TG

29.81 TG

30.93 TG

30.09 HP
29 30
30 30 30
30 30
30 30 30
30 RIDGE
LINE
GRADE
BREAK
GRADE
BREAK

1.41% 0.50%
11 30.50 TC

30.00 FS

30.14 TC

29.64 FS

30.50 TC

30.00 FS (28.55)
CONF
(28.77)
CONF
(28.86)
CONF

29.59 TC

29.09 FS
(29.00)
CONF 2.00% 2.00%

2.53%
W
W W 2% MAX
JOIN EX.

SIDEWALK
JOIN EX.

SIDEWALK

0.78%

0.69%
JOIN EX.

SIDEWALK
OF 5 SHEETS
SHEET
DATE:

JOB NO. 21041
3/10/2023 W:\21-041 OUR LADY OF GUADALUPE\DWG\21041-02PPG.dwg Mar 10, 2023 - 5:21pm

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT TOLL FREE 1-800-227-2600
DIAL
BEFORE

YOU DIG

TWO WORKING

DAYS BEFORE

YOU DIG

REVISIONS

DATE DESCRIPTION

PLANNING CIVIL ENGINEERING SURVEYING
19210 S. VERMONT AVE., SUITE 115, GARDENA, CA 90248
P (424) 344-2464 F (562) 372-3282

BENCHMARK
DESCRIPTION:

DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1D-93-87 RESET FEB 1987", SET IN THE NORTHWEST CORNER OF A 5 FT. BY 5 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED 6 FT.NORTH OF THE NORTHERLY CURB AND 104 FT. EAST OF THE END OF MERLE CIRCLE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.

PRELIMINARY GRADING AND DRAINAGE
PLAN

PRELIMINARY GRADING AND

DRAINAGE PLAN

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708
ABBREVIATIONS:

AC ASPHALT CONCRETE

CF CURB FACE
EX. EXISTING

FF FINISHED FLOOR

FL FLOW LINE
MAX. MAXIMUM
MIN. MINIMUM

P/L PROPERTY LINE

PCC PORTLAND CEMENT CONCRETE

R/W RIGHT OF WAY
LEGEND:

NEW PCC SIDEWALK

NEW AC PAVEMENT

R/W OR P/L

EASEMENT LINE
CURB

CURB AND GUTTER

FLOW LINE

SD STORM DRAIN LINE
2 ESTIMATED EARTHWORK QUANTITIES
CUT 19 CY
FILL 1,127 CY
IMPORT - EXPORT 1,109 CY

EARTHWORK QUANTITIES SHOWN ARE RAW ESTIMATES ONLY INTENDED FOR ESTABLISHING GOVERNING AGENCY FEES.

CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE QUANTITIES FOR BID PURPOSES AND ANY EXPORT OR IMPORT REQUIRED TO BALANCE THE SITE.

EASEMENT LEGEND:
10' SEWER EASEMENT
10" WATER EASEMENT 89-460048 O.R.
8 12

Page 449 ends

EXISTING BUILDING

THREE-STORY
71 UNITS
FF = (31.00)
PARCEL 1

TWO STORY
BLDG 1
FF = 31.00

TWO STORY
BLDG 2
FF = 31.00
VAN
N89°32'40"W 609.68' MAGNOLIA STREET N0°16'31"E 2641.40' S89°43'29"W 609.68' N0°16'26"W 148.35' N0°16'31"E 150.27' 8 12
AREA - 1
TOTAL 35,483 SF (0.81 AC)
PERVIOUS (LS) 7,076 SF (0.17 AC)
IMPERVIOUS (HS) 28,407 SF (0.64 AC)
8 PROPOSED MODULAR

WETLAND SYSTEM

33.7143°N, 117.9728°W
A A
A
A
A
A
A
A

A A A A
A
A A
A
A
30 29
29 30 30
30 29
30 30
30 30
30 30
30 30 30
30 PROPOSED STORM

DRAIN LINE

PROPOSED STORM

DRAIN LINE TIE INTO EXISTING CATCH

BASIN LEADING TO OFF-SITE

DRAINAGE SYSTEM

PROPOSED

V-GUTTER

PROPOSED

JUNCTION STRUCTURE

FLOGARD INLET INSERT

PROPOSED TRASH

ENCLOSURE

PRELIMINARY WQMP
3 PRELIMINARY WQMP

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708
LEGEND:

PROPOSED PERVIOUS AREA

PROPOSED IMPERVIOUS AREA

DRAINAGE BOUNDARY
STENCIL "NO DUMPING" SIGN

SURFACE FLOW PATH

STORM DRAIN FLOW PATH
A
OF 5 SHEETS
SHEET
DATE:

JOB NO. 21041
3/10/2023 W:\21-041 OUR LADY OF GUADALUPE\DWG\21041-03PWQ.dwg Mar 10, 2023 - 5:21pm

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT TOLL FREE 1-800-227-2600
DIAL
BEFORE

YOU DIG

TWO WORKING

DAYS BEFORE

YOU DIG

REVISIONS

DATE DESCRIPTION

PLANNING CIVIL ENGINEERING SURVEYING
19210 S. VERMONT AVE., SUITE 115, GARDENA, CA 90248
P (424) 344-2464 F (562) 372-3282

BENCHMARK
DESCRIPTION:

DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1D-93-87 RESET FEB 1987", SET IN THE NORTHWEST CORNER OF A 5 FT. BY 5 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED 6 FT.NORTH OF THE NORTHERLY CURB AND 104 FT. EAST OF THE END OF MERLE CIRCLE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.

EASEMENT LEGEND:
10' SEWER EASEMENT
10" WATER EASEMENT 89-460048 O.R.
8 12

Page 450 ends

PRELIMINARY WQMP DETAIL 4
OF 5 SHEETS
SHEET
DATE:

JOB NO. 21041
3/10/2023 W:\21-041 OUR LADY OF GUADALUPE\DWG\21041-04WQMPDT.dwg Mar 10, 2023 - 5:21pm

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT TOLL FREE 1-800-227-2600
DIAL
BEFORE

YOU DIG

TWO WORKING

DAYS BEFORE

YOU DIG

REVISIONS

DATE DESCRIPTION

INC Waber Consultants

PLANNING CIVIL ENGINEERING SURVEYING
19210 S. VERMONT AVE., SUITE 115, GARDENA, CA 90248
P (424) 344-2464 F (562) 372-3282

BENCHMARK
DESCRIPTION:

DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1D-93-87 RESET FEB 1987", SET IN THE NORTHWEST CORNER OF A 5 FT. BY 5 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED 6 FT.NORTH OF THE NORTHERLY CURB AND 104 FT. EAST OF THE END OF MERLE CIRCLE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.

Page 451 ends

EXISTING BUILDING

THREE-STORY
71 UNITS
FF = (31.00)
PARCEL 1

TWO STORY
BLDG 1
FF = 31.00

TWO STORY
BLDG 2
FF = 31.00
VAN
N89°32'40"W 609.68' MAGNOLIA STREET N0°16'31"E 2641.40' S89°43'29"W 609.68' N0°16'26"W 148.35' N0°16'31"E 150.27' 8 12

W W W W W W W
W

W W W W
W
W
W
W
W
W
W
W W W

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS
W
W W
PROPOSED 4"

SEWER LATERL
PROPOSED 4"

SEWER LATERL
TIE-IN TO EX.
8" VCP PIPE
PROPOSED 2" DOMESTIC

WATER SERVICE
EXISTING 8"

WATER LINE
TIE-IN TO EXISTING 8"

WATER LINE
EXISTING 8" VCP

SEWER LINE
11 PROPOSED STORM

DRAIN LINE

TIE-IN TO EXISTING

CATCH BASIN

INSERT TRASH

CAPTURE INSERT

INSERT TRASH

CAPTURE INSERT

INSERT TRASH

CAPTURE INSERT

INSERT TRASH

CAPTURE INSERT

PROPOSED MODULAR

WETLAND SYSTEM
30 29
29 30 30
30 29
30 30
30 30
30 30
30 30 30
30 PRELIMINARY UTILITY
5 PRELIMINARY UTILITY

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708
OF 5 SHEETS
SHEET
DATE:

JOB NO. 21041
3/10/2023 W:\21-041 OUR LADY OF GUADALUPE\DWG\21041-05UT.dwg Mar 10, 2023 - 5:22pm

GUADALUPE MANOR
17103 MAGNOLIA STREET, FOUNTAIN VALLEY, CA 92708 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT TOLL FREE 1-800-227-2600
DIAL
BEFORE

YOU DIG

TWO WORKING

DAYS BEFORE

YOU DIG

REVISIONS

DATE DESCRIPTION

PLANNING CIVIL ENGINEERING SURVEYING
19210 S. VERMONT AVE., SUITE 115, GARDENA, CA 90248
P (424) 344-2464 F (562) 372-3282

BENCHMARK
DESCRIPTION:

DESCRIBED BY OCS 2002 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1D-93-87 RESET FEB 1987", SET IN THE NORTHWEST CORNER OF A 5 FT. BY 5 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED 6 FT.NORTH OF THE NORTHERLY CURB AND 104 FT. EAST OF THE END OF MERLE CIRCLE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.

ABBREVIATIONS:

E EAST
EX. EXISTING

FF FINISHED FLOOR

INV INVERT

N NORTH

P/L PROPERTY LINE

R/W RIGHT OF WAY

S SOUTH

TC TOP OF CURB

TG TOP OF GRATE
W WEST
LEGEND:

P/L
R/W

STORM DRAIN PIPE

WATER LINE

S SEWER LINE
W
EASEMENT LEGEND:
10' SEWER EASEMENT
10" WATER EASEMENT 89-460048 O.R.
8 12

Page 452 ends

Trash
403 SF

NEW HYDRANT

EXISTINGHYDRANT

EXISTING

HYDRANT

KNOX BOX

LOCATION

EXISTING

HYDRANT

SEWER EASEMENT (E)

1.1 7' SETBACK
(SIDE)

BLDG FOOTPRINT

TWO-STORY
29 UNIT

FOOTPRINT
(8,751 SF)
GROSS
18,039 SF

1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2

2.1 2.13

NEW FIRE ACCESS

GATE LOCATION

2.14 1.13 1.12

1.151.161.171.181.191.20
VAN

2.12 2.11

2.10 2.92.82.72.62.5

2.42.2 2.3

1.14 EV EV EV EV CAR EV EV EV

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.11 0.12 0.13 0.14 0.15 0.16

EMERGENCY FIRE ACCESS & TRASH COLLECTION EASEMENT (E)

EXISTING PARKING FOR

NEIGHBORING BUILDING

NO PARKING FIRE LANE

NO PARKING FIRE LANE NEIGHBORING BUILDING

PET AREA
PATIO

PATIO PATIO
8909 8921 8935
8947
8959
8967
8895 17136 8883
17108
17122
17096
103 SF

WALKING PATH

EXISTING BUILDING

THREE-STORY
71 UNITS

FOOTPRINT
18,997SF

EXISITING
TRASH

ENCLOSURE

0.00.00.00.00.10.10.10.10.10.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0 0.00.00.00.10.10.20.20.20.20.10.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.0

0.00.00.1 0.00.00.2

0.00.1 0.10.1

0.10.2 0.10.3

0.10.3 0.10.2

0.10.1 0.00.1

0.00.0 0.00.1

0.00.1 0.10.1

0.10.1 0.10.1

0.10.1 0.10.2

0.10.2 0.10.2

0.10.1 0.00.1

0.00.0 0.00.0

0.00.0 0.20.30.40.30.10.10.10.10.10.10.10.10.10.10.10.10.10.10.1

0.10.30.60.70.50.20.10.10.10.10.10.20.20.20.20.10.10.10.20.2 0.10.41.21.20.80.30.20.20.20.20.30.50.70.70.50.40.30.40.50.6

0.10.71.92.01.20.50.40.50.81.21.82.73.33.53.22.62.32.43.13.4 0.21.03.02.81.70.70.50.81.32.03.04.15.35.54.94.23.94.14.75.4

0.41.54.54.12.51.10.91.11.52.22.83.33.63.73.63.43.33.33.43.5 0.61.95.75.53.62.52.83.03.13.02.72.31.91.71.61.71.71.61.41.2

0.62.05.85.84.23.64.75.44.93.82.92.01.30.90.80.70.60.4 0.51.64.64.63.63.24.24.74.74.23.22.01.31.11.51.50.90.4

0.21.02.92.81.91.01.11.5 0.10.71.81.91.30.71.01.5

0.10.51.21.20.90.61.53.4 0.10.40.80.90.70.62.05.6

0.10.40.70.80.70.51.32.9 0.10.50.91.10.80.40.71.1

0.10.71.41.61.00.40.71.7 0.20.91.92.51.60.51.14.3

0.21.02.53.62.50.61.24.3 0.21.03.14.93.30.80.81.7

0.21.03.35.53.60.60.61.0 0.21.23.45.23.50.80.71.0

0.21.33.34.33.00.70.81.8 0.21.43.33.92.40.71.14.2

0.21.43.53.72.20.71.14.4 0.31.74.23.92.20.60.71.8

0.41.85.14.42.20.50.50.8 0.31.85.24.62.10.50.71.4

0.41.74.84.12.00.51.13.9 0.31.33.63.11.70.51.14.5

0.10.82.42.31.30.50.71.9 1.52.13.13.43.94.42.51.40.91.01.73.25.15.64.02.11.0

1.52.3 1.81.8

3.43.8 5.56.7

5.76.9 3.64.2

1.92.0 1.11.1

1.11.0 1.81.8

3.43.7 5.26.4

5.46.7 3.74.1

2.02.0 1.41.85.3

1.11.75.9 1.22.03.46.28.78.66.03.32.01.72.64.77.59.07.5

1.32.03.15.68.18.15.63.21.91.72.44.26.98.67.3 1.72.28.16.9

2.73.1 4.34.9

5.77.0 4.95.8

3.03.1 1.61.5

0.90.8 0.80.7

1.31.2 2.52.6

4.45.1 5.67.0

4.75.5 2.72.8

1.31.2 0.60.5
245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626
(714) 557 2448 www.ipaoc.com

ARCHITECTURE PLANNING CONSULTING

GUADALUPE MANOR

OUR LADY OF GUADALUPE
17103 MAGNOLIA STREET
FOUNTAIN VALLEY, CA 92708 PROJECT NO: 092022
PLOT DATE: 11/22/2023
21000 Guadalupe Manor Preliminary
E1.0

SITE PHOTOMETRIC PLAN
StatisticsDescription Symbol Avg Max Min Max/Min Avg/Min 5FT BEYOND PL 0.1 fc 0.3 fc 0.0 fc N/A N/APARKING 1.7 fc 5.8 fc 0.1 fc 58.0:1 17.0:1WALKWAYS AROUND BLDGS 3.6 fc 9.0 fc 0.5 fc 18.0:1 7.2:1 Schedule
Symbol Label Quantity Manufacturer Catalog Number Description Number Lamps Filename Lumens Per Lamp Light Loss Factor Wattage D
6 Lithonia Lighting RSX1 LED P1 30K AFR HS RSX LED Area Luminaire Size 1 P1 Lumen Package 3000K CCT Type AFR Distribution with HS shield
1 RSX1_LED_P1_30K_AFR_HS.ies 4900.546 1 51.34
10 Lithonia Lighting WDGE1 LED P2 30K 90CRI VF WDGE1 LED WITH P2 - PERFORMANCE PACKAGE, 3000K, 90CRI, VISUAL COMFORT FORWARD OPTIC
1 WDGE1 LED P2 30K 90CRI VF.ies 1658 1 15.0178
Fixture Image
F
1 SITE PHOTOMETRIC PLAN

Page 453 ends

Trash 403 SF
5" 4" 5"
6"
4"
4" 50'-10" 10" NEW HYDRANT EXISTING HYDRANT EXISTING HYDRANT KNOX BOX LOCATION LIGHTING EXISTING HYDRANT LIGHTING

SEWER EASEMENT (E)
SEWER EASEMENT (E) 1.1 7' SETBACK (SIDE) SINGLE FAMILY (DETACHED) BLDG FOOTPRINT TWO-STORY 29 UNIT FOOTPRINT (8,751 SF) GROSS 18,039 SF 1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 2.6 2.18 NEW FIRE ACCESS GATE LOCATION 2.19 1.13 1.12 1.15 1.16 1.17 1.18 1.19 1.20 VAN 2.17 2.16 2.15 2.14 2.13 2.12 2.11 2.10 2.9 2.7 2.8 2.5 2.4 2.3 2.2 2.1 1.14 EV EV EV EV CAR EV EV EV

BACK-FLO METAL
FENCE (E) 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.11 0.12 0.13 0.14 0.15 0.16 EMERGENCY FIRE ACCESS & TRASH COLLECTION EASEMENT (E)

NEIGHBORING BUILDING NO PARKING FIRE LANE

NO PARKING FIRE LANE
NO PARKING FIRE LANE PET AREA PATIO PATIO PATIO 103 SF 1'-8" WALKING PATH EXISTING BUILDING THREE-STORY 71 UNITS FOOTPRINT 18,997SF EXISTING TRASH ENCLOSURE Landscape Architects VAI A S S O C I A T E S I N C. SHEET 1 OF 1 PROJECT NO: Preliminary Landscape MAGNOLIA STREET GUADALUPE MANOR ARCHITECTURE PLANNING CONSULTING 245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626 (714) 557 2448 www.ipaoc.com OUR LADY OF GUADALUPE Fountain Valley, California 92708 Conceptual Landscape Plan SCALE: PRELIMINARY LANDSCAPE PLAN 1/16" = 1'-0" N MAWA CALCULATION ETWU CALCULATION MAXIMUM APPLIED WATER ALLOWANCE (MAWA) MAWA = (ETo) (0.62) [ETAF X LA) + ((ETAF) X SLA)] MAWA = MAXIMUM APPLIED WATER ALLOWANCE ETo = REFERENCE EEVAPOTRANSPIRATION (INCHES PER YEAR) 0.62 = CONVERSION FACTOR (TO GALLONS PER SQUARE FOOT) ETAF = EVAPOTRANSPIRATION ADJUSTMENT FACTOR = 0.45 FOR NON RESIDENTIAL AREAS LA = LANDSCAPE AREA INCLUDING SLA (SQ. FT.) ETo = REFERENCE EEVAPOTRANSPIRATION (INCHES PER YEAR) SLA = PORTION OF LANDSCAPE AREA IDENTIFIED AS SPECIAL LANDSCAPE AREA ESTIMATED TOTAL WATER UES (ETWU) ETWU = (ETo) (0.62) [PF X HA) /IE + SLA)] ETWU = ESTIMATED TOTAL WATER USE 0.62 = CONVERSION FACTOR (TO GALLONS PER SQUARE FOOT) PF = PLANT FACTOR FROM WULCOLS HA = HYDROZONHE AREA (SQUARE FEET) IE = IRRIGATION EFFICIENCY SLA = PORTION OF LANDSCAPE AREA IDENTIFIED AS SPECIAL LANDSCAPE AREA ETo = REFERENCE EVAPOTRANSPIRATION (INCHES PER YEAR) 48.2 X 0.62 [.55 X 9,875] 5,431 = 162,300 GAL/YR. 48.2 X 0.62 [.3 X 9,875] 2,963/0.81 = 109,316 GAL/YR.

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Trash 403 SF 50'-10" NEW HYDRANT EXISTING HYDRANT EXISTING HYDRANT KNOX BOX LOCATION LIGHTING EXISTING HYDRANT LIGHTING

SEWER EASEMENT (E)
SEWER EASEMENT (E) 1.1 7' SETBACK (SIDE) BLDG FOOTPRINT TWO-STORY 29 UNIT FOOTPRINT (8,751 SF) GROSS 18,039 SF 1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 2.1 2.13 NEW FIRE ACCESS GATE LOCATION 2.14 1.13 1.12 1.15 1.16 1.17 1.18 1.19 1.20 VAN 2.12 2.11 2.10 2.9 2.8 2.7 2.6 2.52.4 2.2 2.3 1.14 EV EV EV EV CAR EV EV EV

BACK-FLO METAL
FENCE (E) 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.11 0.12 0.13 0.14 0.15 0.16 EMERGENCY FIRE ACCESS & TRASH COLLECTION EASEMENT (E)

NEIGHBORING BUILDING NO PARKING FIRE LANE

NO PARKING FIRE LANE
NO PARKING FIRE LANE PET AREA PATIO PATIO PATIO WALKING PATH EXISTING BUILDING THREE-STORY 71 UNITS FOOTPRINT 18,997SF Landscape Architects VAI A S S O C I A T E S I N C. SHEET 1 OF 1 PROJECT NO: Preliminary Landscape MAGNOLIA STREET GUADALUPE MANOR ARCHITECTURE PLANNING CONSULTING 245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626 (714) 557 2448 www.ipaoc.com OUR LADY OF GUADALUPE Fountain Valley, California 92708 Conceptual Landscape Plan SCALE: PRELIMINARY LANDSCAPE PLAN 1/16" = 1'-0" N MAWA CALCULATION ETWU CALCULATION MAXIMUM APPLIED WATER ALLOWANCE (MAWA) MAWA = (ETo) (0.62) [ETAF X LA) + ((ETAF) X SLA)] MAWA = MAXIMUM APPLIED WATER ALLOWANCE ETo = REFERENCE EEVAPOTRANSPIRATION (INCHES PER YEAR) 0.62 = CONVERSION FACTOR (TO GALLONS PER SQUARE FOOT) ETAF = EVAPOTRANSPIRATION ADJUSTMENT FACTOR = 0.45 FOR NON RESIDENTIAL AREAS LA = LANDSCAPE AREA INCLUDING SLA (SQ. FT.) ETo = REFERENCE EEVAPOTRANSPIRATION (INCHES PER YEAR) SLA = PORTION OF LANDSCAPE AREA IDENTIFIED AS SPECIAL LANDSCAPE AREA ESTIMATED TOTAL WATER UES (ETWU) ETWU = (ETo) (0.62) [PF X HA) /IE + SLA)] ETWU = ESTIMATED TOTAL WATER USE 0.62 = CONVERSION FACTOR (TO GALLONS PER SQUARE FOOT) PF = PLANT FACTOR FROM WULCOLS HA = HYDROZONHE AREA (SQUARE FEET) IE = IRRIGATION EFFICIENCY SLA = PORTION OF LANDSCAPE AREA IDENTIFIED AS SPECIAL LANDSCAPE AREA ETo = REFERENCE EVAPOTRANSPIRATION (INCHES PER YEAR)

48.2 X 0.62 [.55 X 9,875] 5,431 = 162,300 GAL/YR.

48.2 X 0.62 [.3 X 9,875] 2,963/0.81 = 109,316 GAL/YR.

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Landscape Architects VAI A S S O C I A T E S I N C. Landscape Plant Photos MAGNOLIA STREET GUADALUPE MANOR ARCHITECTURE PLANNING CONSULTING 245 Fischer Avenue, Suite B-2 Costa Mesa CA 92626 (714) 557 2448 www.ipaoc.com OUR LADY OF GUADALUPE Fountain Valley, California 92708 Landscape Plant Photos

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RESOLUTION NO. 23-20

A RESOLUTION OF THE FOUNTAIN VALLEY PLANNING COMMISSION APPROVING PRECISE PLAN NO. 570 SUBMITTED BY IRWIN

PARTNERS ARCHITECTS, ON BEHALF OF OUR LADY OF
GUADALUPE, FOR A 29-UNIT 18,039 SQUARE FOOT SENIOR
HOUSING DEVELOPMENT PROJECT LOCATED AT 17103 MAGNOLIA
STREET
WHEREAS, Irwin Partners Architects (“Applicant”), on behalf of Our Lady of Guadalupe, has submitted a request to construct 29 low-income senior independent living units in a new 18,039 square foot two-story building on the 2.1 acre site currently occupied by Our Lady of Guadalupe located at 17103 Magnolia Street (“Project”); and WHEREAS, Our Lady of Guadalupe, a California nonprofit public benefit corporation (“Owner” or “OLG”), is the owner of the Site at 17103 Magnolia Street (APN # 167-391-24), which is formally described in the legal description attached hereto as “Exhibit A” (“Site”); and WHEREAS the Project includes the following applications in accordance with the Fountain Valley Municipal Code (FVMC):
 Per FVMC 21.34, a General Plan Amendment is required for a change in land use designation from General Commercial to High Density Residential for the approximate 2.1-acre Project Site.
 Per FVMC 21.34, a Zoning Map Amendment is required to rezone the Site from C1 – Local Business to R4 – High Density Multiple Dwelling.  Per FVMC Chapter 21.44, a Precise Plan is required for the development of any proposed structures in the City, except for structures in the R1 zoning district.  Acknowledgement and Approval of a Density Bonus and Affordable Housing Agreement (“DBAHA”) for the Project.
 Approval of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) to address the environmental impacts associated with the Project.

WHEREAS, the existing senior housing units on the Site were approved through Conditional Use Permit 757 in 1985 for housing units for the elderly in the C1 zone and, while the housing units are legal, they are non-conforming with the current Zoning Code; and WHEREAS, the current Zoning Code allows for senior affordable housing units to be constructed only in residential zones; and
WHERAS, the 2021-2029 Housing Element, approved through Resolution No. 9853 by the City Council on October 4, 2022 and certified by the State Housing Community Development Department (“HCD”) on October 13, 2022, lists the real property located at

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17103 Magnolia Street, Fountain Valley (“Site”) as an opportunity site to meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 4,839 units. The Housing Element identifies the Site as a Pipeline Project in “Figure H-1 Housing Sites Inventory” and “Table H-22 Housing Sites Inventory” with 29 additional low income units and anticipated the Land Use designation of the General Plan for the Site would change to High Density Residential; and
WHERAS, therefore, the applicant has submitted an application for a General Plan Amendment and Zoning Map Amendment (together “Amendments”) so the existing and proposed project, which are located on the same parcel, will conform with the General Plan and Zoning Code; and
WHEREAS, if approved by the City Council, General Plan Amendment No. 22-01 would change the General Plan Map land use designation from General Commercial to High Density Residential; and
WHEREAS, if approved by the City Council, Zoning Map Amendment No. 435 would change the Zoning Map designation from C1 – Local Business to R4 – High Density Multiple Dwelling to align with the change in the General Plan Map land use designation; and WHEREAS, the Fountain Valley Planning Commission considered General Plan Amendment No. 22-01 and Zoning Map Amendment No. 435 as contained in Resolution No. 23-21, at its noticed public hearing on October 11, 2023; and WHEREAS, per the California Environmental Quality Act (CEQA), the Fountain Valley Planning Commission first considered the accompanying Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) prepared for the Project in a separate action, as contained in Resolution 23-19, at its noticed public hearing on October 11, 2023; and
WHEREAS, the City has complied with the requirements of the Government Code Section 65300 et seq., the current State of California General Plan Guidelines, and the City’s applicable ordinances with respect to review and consideration of the proposed Project, including the Amendments; and
WHEREAS, the Fountain Valley Planning Commission considered Precise Plan No. 570 at its noticed public hearing on October 11, 2023; and WHEREAS, under the Density Bonus and Affordable Housing Agreement (“DBAHA”), City Covenants and Authority Regulatory Agreement the 29-Unit Project is required to provide 29 units covenanted for tenancy and occupancy for a 55-year Affordability Period by Low Income Households and the Prescribed Rent Levels and Tenant Mix at the Project include:
 Low Income Units: Total of 29 low income units with (a) fifteen (15) studio units and (b) fourteen (14) 1-bedroom units
WHEREAS, the Planning Commission has determined that the proposed Precise Plan is consistent with the Fountain Valley General Plan, as noted below; and

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WHEREAS, the Planning Commission has imposed conditions, attached as Exhibit 1 herein, pursuant to the CEQA and Precise Plan processes, which mitigate potential negative effects of the proposed Project; and
WHEREAS, the Fountain Valley Planning Commission considered the Project at its noticed public hearing on October 11, 2023.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1
The Planning Commission finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.

SECTION 2
Prior to consideration of the Project and Amendments and as contained in Resolutions 23-20 and 23-21, the Planning Commission found that the Project and Amendments would not have a significant adverse effect upon the environment and recommended approval of the MND and MMRP prepared for the Project. The Planning Commission further found that the MMRP will ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6.

The MND was circulated for public review from August 3, 2023 to August 23, 2023and made available to the public and the Planning Commission for review and consideration. The Planning Commission has reviewed the MND, together will all comments and responses to those comments, and MMRP, and has found that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines.

The Planning Commission, as the Lead Agency, arrived at its independent judgement and found that on the basis of the MND and any comments received that there is no substantial evidence that the Project will have a significant adverse impact on the environment provided that the mitigation measures identified in the environmental document are incorporated into the Project.

SECTION 3
The Federal Clean Water Act (CWA) prohibits the discharge of pollution to the storm drain system. A Water Quality Management Plan (WQMP) details how a development Project will prevent post-construction water pollution. The Project is required to have a WQMP as a condition of the Project and an approved WQMP is required prior to issuing building permits.

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The Applicant/Developer has prepared a Water Quality Management Plan as required by the National Pollution Discharge Elimination System. This Project was evaluated in the WQMP and the WQMP is hereby approved. The findings and recommendations contained therein shall be incorporated into the Project.

SECTION 4
The Project requires a Precise Plan of Design application as required by FVMC 21.44.030.

Findings and Supporting Facts: The Planning Commission finds that the subject application meets the criteria of a Precise Plan Permit found in Chapter 21.44 of the FVMC as follows:

1. The design and layout of the proposed development would:
a. Be consistent with the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and the development and design standards/guidelines of the applicable zoning district.

The proposed use will be consistent with the actions, goals, objectives, and policies of the General Plan. No Specific Plan exists or is proposed for the project site. With the approval of the Amendments, the Project will be designed to be compatible with the scale and character of a typical project in the high density residential area as envisioned in the Housing Element and draft Land Use Plan.

The Project will reserve 100 percent of the proposed 29 units as affordable to low income households earning less than 80 percent of the County median income.

The existing 71 unit building on the property also provides 100 percent of its units as affordable to low income households earning less than 80 percent of the County median income. Together, the existing and proposed Project will provide 100 affordable units to low income households earning less than 80 percent of the County median income. Although State Density Bonus Law (Government Code Sections 65915-65918) allows for an 80 percent, or 50 unit density bonus, the Applicant has elected to construct only 58.8 percent, or 37 unit density bonus including the existing 71 units that are on site. State Density Bonus Law allows four (4) incentives or concessions for the type of development proposed in which a certain number of the “base” units are restricted for low income households. The applicant has requested and is granted the following:
 Incentive/Concession #1 – An increase in the density of the Project Site from the maximum density of 30 du/ac as outlined in FVMC 21.08.040 to 47.6 du/ac.

The current density of the Project Site with 71 existing units is 33.8 du/ac. With the addition of the proposed building, 29 units will be added to the Site. This will bring the density of the Project Site up to 47.6 du/ac. The Applicant’s request is for a density bonus to accommodate 100 units (71 existing and 29 new) on the 2.1 acres property.
 Incentive/Concession #2 – A decrease in the minimum separation requirement between residential structures of 27.5 feet as outlined in FVMC 21.08.040 to 20 feet. The Applicant is unable to meet the required 27.5 feet requirement because doing so would reduce the number of units in the building as well as

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reduce the parking count. In order to meet the requirement, the building would need to shift 7.5 ft. This would put the building directly over the existing sewer easement as well as on top the sidewalk serving the parking along the west side of the building. It would also put the building too close to the trash enclosure and would require shifting the proposed building and parking lot locations putting the proposed building closer to the adjacent single-family homes to the west, thus making the Project incompatible with adjacent properties.
 Incentive/Concession #3 – A decrease in the minimum required floor area for studio and 1-bedroom units from the code requirement of 500 square feet for a studio and 750 square feet for a 1-bedroom unit as outlined in FVMC

21.08.040 to 378 and 422 square feet for studio units and 556 square feet for 1-bedroom units. The project is affordable senior housing and meets the CBC 11B requirements within the units. The size of the units also allows for 29 units to the Site. If the units were revised to meet the requirements set forth by the Fountain Valley Municipal Code, then the number of units added would be reduced thus hindering the Projects economic feasibility.  Incentive/Concession #4 – A decrease in the required amount of private open space from the FVMC that requires 100 square feet of private open space per unit pursuant to FVMC 21.08.040 to zero square feet of private open space per unit. Due to the size of the overall size and configuration of the Site and the existing conditions, the Applicant is unable to meet the private open space requirement. To revise the building to meet the private open safe requirement, the size of the units will need to increase. This increase in unit size would reduce the number of units in the building as well as reduce the parking count.

The residents, however, will have access to other outdoor amenities on the Site. These outdoor amenities include a pet area (713 sf), walking path (Length:
117’ & Area: 591 sf), two patios outside of the recreation room (172 sf & 495 sf), and a patio by the entry of the new building (421 sf). Residents of the new building will also have access to the amenities in the existing building. The amenities include a lounge/library (294 sf) and recreation rooms (1,222 sf and 603 sf) on the first floor and a TV/Game Room (399 sf) on the second floor.

With the approval of the Amendments and Precise Plan, the Project will be consistent with the General Plan and Zoning Map.

The Project will not create any inconsistencies with the General Plan or within the Municipal Code with the approval of a density bonus to bring the density to 47.6 units/acre. The Project will support the implementation of various General Plan goals and policies. Specifically, the Project will:
 Promote residential, commercial and industrial development which achieves harmony without monotony in the built environment (Goal 2.6, Policy 2.6.1). The project will accommodate harmonious and attractive architectural design consistent with the existing building on the property. The Amendments will facilitate the development of new housing stock that is similar in layout, separation, design, height, and style to nearby high-density development.

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 Promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by promoting the construction of additional dwelling units to accommodate Fountain Valley’s share of regional housing needs in accordance with adopted land use policies (Housing Element Goal 1, Policy 1.1). The Project and Amendments will help aid in meeting the City’s regional housing needs assessment of 4,839 units by the year 2029 in accordance with adopted land use policies and the draft 6th Cycle Housing Element.
 Promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by providing a variety of housing opportunities for all income levels through different land uses and densities (Housing Element Goal 1, Policy 1.2). The Project and Amendments will allow for development that may utilize density bonus options pursuant to State Density Bonus Law consistent with Government Code Sections 65915- 65918 including incentives such as concessions and waivers if 100 percent of the units are restricted as affordable benefiting low income persons as defined in the California Health and Safety Code.
b. Not interfere with the use and enjoyment of neighboring, existing or future developments, and would not create traffic or pedestrian hazards.

The Project will avoid impacts to neighboring uses by providing many amenities onsite and will not create traffic or pedestrian hazards. New residents of the Project will have several on-site amenities including a pet area (713 sf), walking path (Length: 117’ & Area: 591 sf), two patios outside of the recreation room (172 sf & 495 sf), and a patio by the entry of the new building (421 sf). Residents of the new building will also have access to the amenities in the existing building on the property including a lounge/library (294 sf) and recreation rooms (1,222 sf and 603 sf) on the first floor and a TV/Game Room (399 sf) on the second floor.

The Project will not interfere with neighboring properties as it will provide a setback from the R1 – single-family residential zones to the west and south by 80’11” from the west property line and 64’4” from the south property line. Additionally, the Project will be built to a maximum height of 28 feet, which is 2 feet shorter than the current permitted height in the R1 zone. Lastly, the Project meets Building and Fire Code requirements and will maintain an emergency access to the shopping center property to the north.

The Project will not create any traffic hazards as it will only generate 94 daily vehicle with 6 trips in the am peak hours and 7 trips in the pm peak hour. These trips are accommodated within the capacity available on the current roadway system. The Project was screened form supplying a Level of Service (LOS) analysis as the Project will generate less than 100 vehicle trips during either the AM or PM peak hour per the City of Fountain Valley Transportation Impact Assessment (TIA) Guidelines. Also, the Project is screened form a Vehicle Miles Traveled (VMT) analysis as the Project will generate less than 110 net new daily

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vehicle trips. Additionally, the Project satisfies the city-established screening criteria for projects with a low VMT-generating area as the Project is located in an area that is 0-15% below the average for the City of Fountain Valley and is located within a low VMT-generating area based on the City of Fountain Valley TIA Guidelines. Therefore, the Project satisfies the City-established screening criteria for project type screening and the VMT impact is less than significant. c. Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.

The project has been carefully designed to provide a high quality of aesthetics and livability for residents as well as neighbors. The project incorporates a stucco exterior with similar color paint and roofing material to the existing building on the site. The Project also incorporates a new parking lot with parking lot trees and a tree buffer area between the Project and the adjacent residential properties to the west and south. Additionally, the Project will not interfere with neighboring properties as it will provide a setback from the R1 – single-family residential zones to the west and south by 80’11” from the west property line and 64’4” from the south property line. Lastly, the Project will be will be compatible in height to the existing adjacent residential properties as it will be built to a maximum height of 28 feet, which is 2 feet shorter than the current permitted height in the R1 zone.

2. The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious, and orderly development contemplated by the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and this chapter.

The architectural design of the Project, including all colors, materials, and design elements, will be consistent throughout development. The architectural design will incorporate design features, materials and colors consistent with the existing building on the property. The project will be compatible with the surrounding neighborhood in height and setbacks. The project supports the implementation of various General Plan goals and policies as noted above in Finding 1.

3. The proposed development would not:
a. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity.

The Project will not be detrimental to the public convenience, health, interest, safety, or welfare as it will allow for the construction of a Project that is consistent with the FVMC and is similar in layout, separation, design, height, and style to nearby high-density development. Granting the Precise Plan will allow for the development of the Project that includes a density bonus, at a density of 47.6 dwelling units per acre.

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The Project will provide additional housing opportunities for current, future residents and low income residents. The Project has been designed to comply with contemporary building, safety, water quality, and energy efficiency standards.

Lastly, the Project will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity, as the conditions of approval and the mitigation measures in the Mitigation Monitoring and Reporting Program address potential impacts during the construction process.

The proposed Project and Amendments would accommodate affordable senior housing residential development. Such development will be beneficial to the public convenience, interest, and welfare by providing new housing, including affordable units, in an urbanized area. The project contains no features that could be detrimental to public health or safety. The Project meets Building and Fire Code requirements and will maintain an emergency access to the shopping center property to the north. The Project will be setback from the R1 – single-family residential zones to the west and south by 80’11” from the west property line and 64’4” from the south property line. Additionally, the Project will be built to a maximum height of 28 feet, which is 2 feet shorter than the current permitted height in the R1 zone. The Project will provide gathering places for residents with open space consisting of a 713 square foot pet area, a 591 square foot walking path, 2 patios outside of the recreation room of 172 square feet and 495 square feet and a 421 square foot patio near the entry of the new building.

The proposed Project will operate with a traffic generation of 94 daily vehicle with 6 trips in the am peak hours and 7 trips in the pm peak hour. These trips are accommodated within the capacity available on the current roadway system. The Project was screened form supplying a Level of Service (LOS) analysis as the Project will generate less than 100 vehicle trips during either the AM or PM peak hour per the City of Fountain Valley Transportation Impact Assessment (TIA) Guidelines. Additionally, the Project is screened form a Vehicle Miles Traveled (VMT) analysis as the Project will generate less than 110 net new daily vehicle trips. Also, the Project satisfies the city-established screening criteria for projects with a low VMT-generating area as the Project is located in an area that is 0-15% below the average for the City of Fountain Valley and is located within a low VMTgenerating area based on the City of Fountain Valley TIA Guidelines. Therefore, the Project satisfies the City-established screening criteria for project type screening and the VMT impact is less than significant.
b. Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

The proposed project includes architectural design and landscape features that will enhance the aesthetics of the project site and support, rather than depreciate, property values in the vicinity. The project will not interfere with the use or enjoyment of property in the surrounding neighborhood, as the use is appropriate for the site. The Project will replace a garden area with a new 18,039 square foot

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building containing 29 new senior low income units to help meet the City’s RHNA allocation of 4,839 units.

4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

As contained in Resolution 23-19, a MND and MMRP were prepared and incorporated into the Project. The Planning Commission finds that the MMRP will mitigate or avoid potential significant impacts created by the Project. The MND was circulated for public review from August 3, 2023 to August 23, 2023 and considered prior to consideration of the Project and Amendments.

SECTION 5
The Planning Commission hereby approves Precise Plan No. 570 for the Our Lady of Guadalupe Development Project located at 17103 Magnolia Street subject to the Conditions of Approval, attached as Exhibit 1, to this Resolution.

PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER, 2023 ______________________________ ______________________________ Chairman Secretary

BY SIGNING THIS PERMIT, THE PERMITTEE ACKNOWLEDGES ALL OF THE

CONDITIONS IMPOSED AND ACCEPTS THIS PERMIT SUBJECT TO THOSE

CONDITIONS AND WITH THE FULL AWARENESS OF THE PROVISIONS OF CHAPTER

21.44 OF THE FOUNTAIN VALLEY MUNICIPAL CODE.

BY SIGNING THIS RESOLUTION, THE APPLICANT ACKNOWLEDGES ACCEPTANCE OF

THE BENEFITS OF THE PRECISE PLAN AND AGREES TO WAIVE ANY RIGHT TO

LATER CHALLENGE ANY CONDITION(S) IMPOSED AS UNFAIR, UNNECESSARY, OR UNREASONABLE.
/
Date Applicant Sign/Print
ATTACHED: “EXHIBIT A”
“EXHIBIT 1”

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Exhibit A
Legal Description
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:

PARCEL A:

PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF

PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS

BY QUITCLAIM DEEDS RECORDED JANUARY 28, 1988 AS INSTRUMENT NO. 88- 040501 AND 88-040502 AND JUDGMENT BY COURT AFTER DEFAULT AND FINAL ORDER OF CONDEMNATION RECORDED APRIL 6, 1989 AS INSTRUMENT NO. 89- 181685 ALL OF OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.

PARCEL B:

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EXHIBIT 1

CONDITIONS OF APPROVAL
Precise Plan No. 570
Our Lady of Guadalupe 29-Unit Senior Housing Development 17103 Magnolia Street
Fountain Valley, CA
The following Conditions of Approval [COA] apply to this project. The COAs are specific conditions applicable to the proposed project. The developer/project applicant is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following Conditions of Approval of this Permit:

Planning Department Conditions Unique to this Project

1. The site plan, elevation plans, floor plan, landscape plans, etc. dated received April 13, 2023 and approved by the Planning Commission on October 11, 2023, (Attachment #2 to the staff report for this project) shall be made part of this application approval and cannot be modified without prior approval by either the Planning Commission or the Community Development Director.

2. There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m., seven (7) days a week. The applicant shall install signage near the trash dumpster prohibiting trash dumping during the hours of 10:00 p.m. – 7:00 a.m. compliant with FVMC 6.28.050. Signage shall be installed prior to certificate of occupancy of the business.

3. To prevent scavenging, illegal dumping, and to contribute to the general cleanliness of the property, the Project shall provide a refuse containment area with a screened and securable gate. Also, exterior signage shall be provided outside of the trash enclosure prohibiting the scavenging of any material from the trash dumpster. Any refuse containment area and signage shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the project.

4. To maintain the cleanliness of the property, the property owner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter.

5. The colors, materials and facades of the building shall be as approved by the Planning Commission. No changes to the colors or materials shall occur without approval by the Planning Director. Changes that the Planning Director deems to vary significantly from the originally approved design shall be forwarded to the Planning Commission for its review and determination.

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Conditions of Approval

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6. All vents, gutters, downspouts, flashings, electrical conduits, etc. shall be concealed within the building.

7. Parking lot and building lighting shall be scheduled to direct the light downward away from adjacent properties. If needed, light shielding may be installed to prevent light spillage onto adjacent properties. No additional exterior lighting is to be added unless a photometric study concludes the added lighting will have zero lighting shed impact on adjacent properties.

8. The parking areas shall be utilized by residents and guests of the Project. There shall be no storage or onsite parking of boats, trailers, campers, recreational vehicles, tents, inoperable vehicles, unregistered vehicles, or the like on the Site.

9. Wheel stops or curbing, if utilized, shall be placed to allow for a maximum of a twofoot vehicle overhang area within the dimension of the parking space. Therefore, with a minimum 19-foot deep parking stall, the measurement to the edge of the wheel stop or curbing from the back of the parking stall shall be 17 feet with a maximum two-foot overhang.

10. The applicant shall provide signing on the trash enclosure prohibiting the salvage of any material from the trash dumpsters.

11. There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m., seven (7) days a week.

12. Street and unit numbers are to be maintained in such a manner as to be plainly visible, shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background.

13. The developer shall install a new rolling gate to provide emergency access to the property to the north and furnish evidence that reciprocal access can be provided at the new gate location with the shopping center property owner. The Project will be required to construct a new block wall where the existing gate is located to match the existing block wall located on the north side of the property.

14. The project shall comply with all mitigation measures identified in the Mitigated Negative Declaration.

15. All mitigation measures identified in the Mitigated Negative Declaration shall be incorporated herein and shall be included as conditions of approval of Precise Plan No. 570.

16. The applicant shall provide cable TV facilities to each dwelling within the project area.

Exact design of said CATV system shall be subject to review and approval by the Public Works Director.

17. This Precise Plan is subject to City Council approval of General Plan Amendment No. 22-01 and Zoning Map Amendment No. 435.

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18. The applicant shall comply with all requirements of the Building and Fire Departments for this type of use.

19. Any phasing of the development shall be subject to review and approval by the Planning Commission.

20. The character and administration of the project shall be consistent with the Project Description letter (Attachment #1 to the staff report for this project).

21. In order to ensure compliance with the provisions of this resolution and in order to ensure the property maintenance of the development, Covenants, Conditions and Restrictions (CC&R’s) shall be required prior to issuance of building permits. Said CC&R’s shall make provisions for enforcing age limitation, maximum occupancy limitations, long-term project maintenance and repair. The CC&R’s shall be subject to review and approval by the Planning Director and City Attorney. They shall be structured so they can’t be modified or rescinded without City concurrence. The CC&R’s shall be recorded.

22. Turnaround areas shall be provided to the joint satisfaction of the Fire Marshal and Planning and Building Director.

23. All rooftop equipment shall be screened from public view per FVMC 21.18.080. All roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-ofway as specifically approved by the Planning Director. Roof treatment shall be common to the building and extended to all four (4) building elevations.

24. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to the final approval of the City Engineer.

25. A new Fire Access and Trash easement agreement between the property owner of the Project site at 17103 Magnolia Street and the property owner of the shopping center located immediately north of the Project site shall be recorded on both properties at the Orange County Recorder’s Office. The agreement shall outline the location of the new fire access gate and the locations of the existing and new trash enclosures. The new agreement shall either supplement the existing fire and trash easement agreement that exists today or supercede it. The Project applicant is required by the City of Fountain Valley to have a gate on the boundary line with the shopping center owner to the north to permit access for emergency Fire Department Vehicles. The Project applicant is required by the City of Fountain Valley to have a twenty-five (25) foot easement along the southern portion of the shopping center property to the north to allow for trash collection from the Project site. The agreement shall allow for emergency Fire Department vehicles that outlines the approval of a private easement agreement between the two property owners. The agreement shall covenant that: (1) The Project applicant shall erect a gate on the parties boundary line for emergency uses by the Fire Department and both parties shall not block or obstruct the use of the gate at any time; (2) The Shopping Center owner shall grant Project owner the right to roll-out trash bins on the twenty-five (25) foot southern portion of the shopping center owner’s said real property for trash collection purposes and the Project owner will be responsible for cleaning up the area after each trash pick-up and

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not causing damage to the paved surfaces over which the bins will be rolled; and (3) The new easement agreement must state that it cannot be rescinded or amended without city review and approval. Representatives of each party will periodically inspect the area to determine if the Project owner has complied with the above. Said new agreement shall be recorded at the Orange County Recorder’s Office and a copy of the recorded agreement shall be given to the Community Development Department prior to Building Permits being issued on the Project.

26. Per California Air Resources Board (CARB) regulations, all delivery trucks shall not sit idling for more than 5 minutes within 100 feet of a residential property line. Delivery trucks shall be turned off when loading and unloading. Signage shall be installed on the building at the delivery area addressing this condition, shall be subject to review and approval by the Planning & Building Director, and shall be installed prior to certificate of occupancy of the business.

27. Truck delivery material and goods shall not be stored outside of the building and shall be moved to the inside of the store expeditiously upon delivery.

28. The trash enclosure shall be constructed with split face CMU block with solid steel gates and a roof covering meeting Rainbow Disposal specifications for roofed trash enclosures. The trash enclosure shall be included in the applicant’s plan check submittal to the Building Department and shall be installed on the trash enclosure prior to issuance of certificate of occupancy of the business.

29. Project approvals shall require that 100% of the units under the site base density of 30 units per acre be developed and operated as affordable housing for households earning between 60-80 percent of the County median income.

30. The applicant must obtain approval of the Density Bonus and Affordable Housing Agreement from the City prior to issuance of grading permits for the Project.

31. The applicant shall identify that all units will be designated as affordable prior to building permit issuance.

32. Selection of Tenants of Affordable Units – Applicant shall be responsible for selection of tenants requiring that they meet income eligibility requirements established by the corresponding affordable housing unit.

33. Annual Monitoring – Applicant shall make affordable unit tenant files available to City each year for review. City shall provide a minimum of 24-hour notice to schedule inspection of affordable unit tenant files.

34. Applicant/Developer shall enter into and execute that certain instrument defined in the DBAHA as the City Covenants to evidence the land use of the Site as affordable housing for the 55-year Affordability Period prior to issuance of building permits.

35. This Entitlement requires the Applicant/Developer to cause recordation of certain City Covenants that are subject to approval by the City Council.

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36. The City Covenants shall be recorded, prior to and as a condition precedent to the issuance of building permits for the Project, in the Official Records, Orange County, California as outlined in the Density Bonus and Affordable Housing Agreement that is subject to approval by the City Council.

37. The City Covenants shall include provisions that run with the land so as to restrict, condition, and covenant the Site and Project as affordable housing, including as follows:
a. Number of Affordable Units. Throughout the Affordability Period each and all twenty nine (29) Housing Units shall be rented at an Affordable Rent to Low Income Households. Developer agrees to make available, restrict occupancy to, and rent all of the Housing Units at Affordable Rent in conformity with the Prescribed Rent Level and Tenant Mix.
b. Duration of Affordability Requirements. The Housing Units shall be maintained as rental units available at and rented to Low Income Households throughout the 55 year Affordability Period.
c. Prescribed Rent Levels. The Project shall include:
 Low Income Units: (i) fifteen (15) studio units and (ii) fourteen (14) 1- bedroom units.
d. Income of Tenants. Each tenant of a Housing Unit shall be a Low Income Household (as prescribed in accordance with the Prescribed Rent Levels and Tenant Mix) that meets the eligibility requirements established for the corresponding unit mix requirements, and Developer shall obtain a certification from each tenant renting or leasing each Housing Unit that substantiates such fact. Developer shall verify the income certification of each tenant household as set forth herein.
e. Determination of Affordable Rent for the Affordable Housing Units. Each and all Affordable Housing Units shall be rented at an “Affordable Rent” as defined in State law as not more than 30 percent of gross household income with variations per Health and Safety Code Section 50052.5.
f. Event of Foreclosure. Notwithstanding this condition of approval regarding the City Covenants, in the event of (i) foreclosure initiated by the Lender of the Primary Construction Loan or the Primary Permanent Loan and conveyance of the Site and Project to a third party buyer (not an Affiliate of Developer) through a trustee’s sale, or (ii) conveyance by a deed in lieu of foreclosure of the Site and Project to a third party (not an Affiliate of Developer) but only after at least 90 days have elapsed since the filing of the notice of default commencing foreclosure (described in (i)) and the Lender (or its agent) has caused to be recorded a notice of trustee's sale setting forth the date, time, and place of the trustee's sale, then commencing after recordation of the trustee’s deed or deed in lieu of foreclosure described in (i) or (ii) above and continuing for the remainder of the 55-year Affordability Period the new owner of the Site and

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Project, also as “Developer”, shall ensure the Project is operated under the following agreed upon Prescribed Rent Levels:
 Low Income Units: (i) fifteen (15) studio units and (ii) fourteen (14) 1- bedroom units.
g. Developer Verification and Compliance. Developer will obtain and maintain on file an Income Verification from each tenant for each Housing Unit dated immediately prior to the initial occupancy of such tenant in the Project. Each Year Developer shall file with the City, or their designee, a Certificate, containing all information required to demonstrate that rents and income levels for the Housing units comply with the requirements hereof regarding Affordable Rent and containing such information as City additionally requires, in a form prescribed by the City. Each Certificate shall cover the immediately preceding fiscal year and shall be submitted by June 15th of the following year. h. Form of City Covenants. The City Covenants shall be in the form attached as Attachment 1 to the DBAHA, with minor, non-substantive revisions subject to the review and approval of the City Manager, City’s Planning and Building Director and City legal counsel or special counsel.

38. The Applicant has proposed a request for Density Bonus to increase the density of the Project site from that allowed in the R4 Zone of 30 du/ac to 47.6 du/ac. The Density Bonus requires subsequent approval of an Affordable Housing Agreement (“DBAHA”) and states the applicants’ intention to reserve 100 percent of its units as affordable to low income households earning less than 80 percent of the County median income.

By providing 100 percent of its base units as affordable, the Project may exercise an 80 percent (i.e., 50 unit) density bonus option pursuant to State Density Bonus Law consistent with Government Code Sections 65915-65918. Although State Density Bonus Law allows for an 80 percent density bonus (50-unit density bonus for a total of up to 113 units spread out over the entire site), the Applicant has elected to construct only 37 density bonus units in the Project (100 units total over the entire site) for an overall density of 47.6 dwelling units per acre and a density bonus of 58.8 percent. Pursuant to California Density Bonus law and the implementing ordinance in the Fountain Valley Municipal Code (FVMC) Chapter 21.08.050(a), owners of residential projects that include certain levels of affordable housing are entitled to receive a density bonus and additional incentives in order to facilitate the economic feasibility of those projects. State Density Bonus Law allows four (4) incentives or concessions for the type of development proposed in which a certain number of the “base” units are restricted for low income households. The applicant has proposed, and the Planning Commission has acknowledged the following incentives/concessions subject to the City Council’s approval of an Affordable Housing Agreement:
a. Incentive/Concession #1 – An increase in the density of the Project Site from the maximum density of 30 du/ac as outlined in FVMC 21.08.040 to 47.6 du/ac.

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request is for a density bonus to accommodate 100 units (71 existing and 29 new) on the 2.1 acres property.
b. Incentive/Concession #2 – A decrease in the minimum separation requirement between residential structures of 27.5 feet as outlined in FVMC 21.08.040 to 20 feet. The Applicant is unable to meet the required 27.5 feet requirement because doing so would reduce the number of units in the building as well as reduce the parking count. In order to meet the requirement, the building would need to shift 7.5 ft. This would put the building directly over the existing sewer easement as well as on top the sidewalk serving the parking along the west side of the building. It would also put the building too close to the trash enclosure and would require shifting the proposed building and parking lot locations putting the proposed building closer to the adjacent single-family homes to the west, thus making the Project incompatible with adjacent properties.
c. Incentive/Concession #3 – A decrease in the minimum required floor area for studio and 1-bedroom units from the code requirement of 500 square feet for a studio and 750 square feet for a 1-bedroom unit as outlined in FVMC

21.08.040 to 378 and 422 square feet for studio units and 556 square feet for 1-bedroom units. The project is affordable senior housing and meets the CBC 11B requirements within the units. The size of the units also allows for 29 units to the Site. If the units were revised to meet the requirements set forth by the Fountain Valley Municipal Code, then the number of units added would be reduced thus hindering the Projects economic feasibility. d. Incentive/Concession #4 – A decrease in the required amount of private open space from the FVMC that requires 100 square feet of private open space per unit pursuant to FVMC 21.08.040 to zero square feet of private open space per unit. Due to the size of the overall size and configuration of the Site and the existing conditions, the Applicant is unable to meet the private open space requirement. To revise the building to meet the private open safe requirement, the size of the units will need to increase. This increase in unit size would reduce the number of units in the building as well as reduce the parking count.

39. The density proposed under Precise Plan No. 570 shall not exceed that which is approved through the Project and shall be consistent with General Plan Amendment No. 22-01 and Zoning Map Amendment No. 435. Density shall not exceed 47.6 du/ac over the entire site.

40. This Precise Plan is subject to City Council approval of General Plan Amendment No. 22-01, Zoning Map Amendment No. 435, and the Density Bonus and Affordable Housing Agreement.

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41. Our Lady of Guadalupe (OLG) shall implement a good neighbor program to notify neighbors of Project construction milestones, including demolition / grading / construction start and projected end dates. Notification shall be delivered through a letter from OLG, sent via USPS, to all neighbors within a 500 foot radius around the Project Site. The letter shall be sent at least 1 month prior to any demolition, grading, or construction activity on the site. The letter shall include:
 A main email address for Project questions.
 Contact information for OLG’s management company.
 Contact information for the Project contractor.
 A phone number to a Project Manager to receive resident questions and complaints during construction.
 A website with up to date construction information and including all of the contact information listed above.

The letter shall be subject to the review and approval of the Community Development Director.

42. Our Lady of Guadalupe shall post signage on the existing front wrought iron fence facing Magnolia Street with the contact information for OLG’s management company and the contractor for the Project. The signage, and its location, shall be subject to review and approval of the Community Development Director.

43. Any and all complaints regarding construction for the Project to OLG shall be responded to within 24 hours. The City shall be notified with a call log of all incoming calls noting the name of the person who call (unless anonymous), the phone number, address and reason for call.

44. OLG shall designate staging areas for construction equipment onsite, compliant with the mitigation measures outlined in the Mitigated Negative Declaration’s Mitigation Monitoring and Reporting Program, and located away from the existing single-family residential properties to the south and west to the greatest extent possible.

Additionally, if possible, OLG shall try to work with the commercial property owner to the north to stage equipment and utilize the emergency access gate for construction access. Any staging areas shall be designated on the grading and construction plans that are submitted for building plan check. No construction staging or contractor parking shall be permitted on any residential streets near the Project. Staging areas shall be located at the furthest point away from existing residents as possible.

45. Applicant shall relocate all new pole lights along the south and west property lines of the Project according to the plans labeled “Revised plan received November 28, 2023.” Additionally, the light poles shall be lowered to no more than 20 feet from grade.

A new photometric study shall be required to show there is no light spillage onto any adjacent properties. All on-site lighting shall conform to FVMC 21.18.060 and shall be shielded from adjacent property view. Prior to Certificate of Occupancy, a new photometric study shall be conducted to verify consistency with the plans labeled “Revised plan received November 28, 2023.”

46. Applicant shall post a delivery, drop-off, rideshare sign at the front entrance of the existing building on the property to alleviate additional vehicles and noise from the rear of the property. This condition shall memorialize the normal delivery, drop-off, and rideshare operations that currently exist.

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47. Applicant shall pave but not stripe five (5) parallel parking stalls that are proposed along the south property line from the proposed plans as there is a parking surplus of 10 stalls for the entire site. The removal of the five (5) stalls will result in a surplus of five (5) parking stalls on the property. If in the future, the subject business desires to stripe the area to add the additional five spaces, notice must be given to the City and residents within 500 feet of the subject property.

48. The Project shall comply with South Coast Air Quality Management District’s Rule 403 to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions.

49. Construction hours, including construction, repair, remodeling or grading of real property shall be limited to 7:00 a.m. to 3:00 p.m. Monday through Friday, 9:00 a.m. to 3:00 p.m. on Saturday and at no time on Sunday or any legal holiday. For purposes of this requirement the use of saws, buffers, sanders, drills, and sprayers shall be included, as shall similar activity.

50. The applicant shall notify residents through mail or flyer, and through the website, days when jackhammering will occur.

51. The applicant shall install a green-screen of either mature tall trees or a temporary elevated green screen construction fence along the south and west sides of the property adjacent to the Project subject to review and approval of the Community Development Director. If mature tall trees are proposed, they shall be included in the landscape plan for the Project in addition to the landscaping reviewed by the Planning Commission. If the temporary construction fencing is proposed, the fencing shall be removed prior to certificate of occupancy. Once the project is graded, new landscaping along the south and west sides of the property shall be installed prior to construction of the new building.

52. The applicant shall note the location of construction staging areas on demolition, grading, and construction drawings submitted for building plan check.

53. The construction plans shall include a note that the project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402.

The project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

54. The construction plans shall include a note that the project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

55. Based on substantiated complaints, the Community Development Director may require additional measures to reduce pollutant discharge.

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56. Per FVMC 6.28.147, No person shall leave standing any motor vehicle, including refrigeration trailers, with engine idling or auxiliary motor running for in excess of ten minutes between the hours of ten p.m. and seven a.m. if the engine or motor noise disturbs the peace or quiet of any residential neighborhood or causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The driver, owner, registered owner and legal owner of the motor vehicle or refrigeration trailer shall each be guilty of the offense described herein.

57. The applicant shall initiate the services of a pest control company prior to grading of the site to alleviate the scattering of rats, gophers, bugs, etc. to adjacent properties.

Planning Department Standard Conditions

58. Precise Plan No. 570 shall be approved and in effect for a period of 12 months from the original date of approval by the City Council, and/or Planning Commission. If no development has commenced at the end of this 12-month time period, project approval shall expire and be determined void. Extensions may be granted per FVMC

21.54 Entitlement Implementation, Time Limits, and Extensions.

Date of Project Approval: October 11, 2023
Date of Project Expiration: October 11, 2024

59. The resolution is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein. The failure of the applicant to sign this permit in no way shall be deemed to confer any greater rights than are contained in this permit.

60. By signing and accepting the resolution, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable.

61. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The applicant shall provide a copy of conditions of approval to each manager and to all employees.

62. The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this permit.

63. Violation of any condition of approval shall be a misdemeanor.

64. No satellite dishes greater than 1.1 meters shall be installed on the subject property without approval of the Planning Commission.

65. Any proposed signage for the Project shall comply with the Fountain Valley Sign Code.

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66. Applicant shall comply with FVMC 21.24.110(27) which prohibits vehicle signs for the principal purpose of advertising a business.

67. The Community Development Director may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, new information, and/or relevant factors as long as the spirit and intent of the approved condition of approval is satisfied. Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of the Fountain Valley Municipal Code.

68. The number of persons shall not exceed the maximum occupancy load as determined by the Fire Department. If required by the Fire Department, signs indicating the occupant load shall be posted in a conspicuous place near the main entrance and must be posted prior to final inspection and prior to issuance of a certificate of occupancy.

69. All new and/or replaced roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-of-way as specifically approved by the Community Development Director. Roof treatment shall be common to the building and extended to all four (4) building elevations.

70. Street and unit numbers are to be maintained in such a manner as to be plainly visible, shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street and be maintained on the front and side doors. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background. Street and unit numbers must be installed prior to issuance of Certificate of Occupancy of the business.

71. Refuse containment areas shall be provided with a screened and securable gate compliant with the Fountain Valley Municipal Code and Rainbow Disposal specs.

72. Complete landscape plans shall be submitted to the Planning and Building Department. The landscape plans shall comply with the Fountain Valley Water Efficient Landscape Ordinance.

73. The conditions herein contained shall run with the property and shall be binding on the applicant, and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.

Public Works Department

74. Grant no easement over any portion of this improvement between the time of approval of the tentative improvement and the time of final approval of the improvement, except as required by the City Engineer.

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75. All public improvements, including but not limited to, streets, sewer, water, storm drain, traffic systems, traffic control, and street repairs shall be constructed in accordance with the most recent edition of the City of Fountain Valley Public Works Standard plans.

76. Provide improvement plans as prepared by a Registered Civil Engineer for all improvements. The plans shall be 24 in. by 36 in. mylar with an appropriate engineering scale (1”=10’, 1”=20’, 1"=40'). The plans shall include, but not be limited to, paving, sidewalk, curb, gutter, street lighting and all underground utilities.

Underground utilities shall include, but not be limited to: electrical, communications, street lighting, gas, sewer, water and appropriate storm drain facilities. The design, layout and location of the gas, electrical, communications and street lighting shall be in accordance with the requirements of the respective utility company.

77. The developer shall provide complete "as-built" plans on 24"x36" of the appropriate scale mylar and electronic format AutoCad, latest version, in accordance with City standards prior to Public Works approval to release utilities and certificate of occupancy.

78. Prior to securing permits, complete landscaping plans prepared and signed by a California licensed landscape architect shall be approved by the Public Works and Planning Directors. The plans shall be on 24”x36” mylar with a scale to be consistent with the site plans.
a. Prior to the issuance of the Certificate of Occupancy, developer shall provide a certificate of substantial completion signed and sealed by the licensed landscape architect of record confirming the landscaping and irrigation system have been installed per approved plans.

79. Provide sanitary sewer facilities as required with the City's Sewer Master Plan and to the satisfaction of the City Engineer.

80. Install approved backflow devices for irrigation systems as required by the City Engineer.

81. When building is required to be fire sprinklered, the developer shall install a double check detector check valve assembly as required by the Fire Marshal and City Engineer.

82. Provide a comprehensive traffic study, as prepared by a Registered Traffic Engineer, showing trip generation for the new development and the impact on the adjacent arterial highways created by this development in conjunction with the existing developments. This report shall include the recommended traffic mitigation measures.

83. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to final approval of the City Engineer.

84. Developer shall prepare for City a preliminary Water Quality Management Plan for new development and significant redevelopment projects that meet one or more of the following criteria:

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a. All significant redevelopment projects, where significant redevelopment is defined as projects that include the addition or replacement of 5,000 square feet or more of impervious surface on a developed site. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in the addition or replacement of less than fifty percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed below applies only to the addition or replacement, and not to the entire developed site. Where redevelopment results in the addition or replacement of more than fifty percent of the impervious surfaces of a previously existing developed site, the numeric sizing criteria applies to the entire development. b. New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single family home subdivisions, multi-family attached subdivisions (town homes), condominiums, apartments, etc.), mixed-use, and public projects. This category includes development projects on public or private land, which fall under the planning and building authority of the permittees.
c. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532-7534, 7536- 7539).
d. Restaurants where the land area of development is 5,000 square feet or more. e. All hillside developments on 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more.
f. Developments of 2,500 square feet of impervious surface or more, adjacent to (within 200 feet) or discharging directly51 into environmentally sensitive areas, such as areas designated in the Ocean Plan as Areas of Special Biological Significance or waterbodies listed on the CWA Section 303(d) list of impaired waters.
g. Parking lots of 5,000 square feet or more of impervious surface exposed to storm water.

Parking lot is defined as a land area or facility for the temporary storage of motor vehicles.
h. Streets, roads, highways and freeways of 5,000 square feet or more of paved surface shall incorporate USEPA guidance, “Managing Wet Weather with Green Infrastructure: Green Streets” in a manner consistent with the maximum extent practicable standard. This category includes any paved surface used for the transportation of automobiles, trucks, motorcycles and other vehicles and excludes any routine road maintenance activities where the footprint is not changed. i. Retail gasoline outlets of 5,000 or more square feet with a projected average daily traffic of 100 or more vehicles per day.
j. Emergency and public safety projects in any of the above-listed categories may be excluded if the delay caused due the requirement for a WQMP compromises public safety, public health and/or environmental protection.

85. An approved WQMP is required prior to the City issuing a grading or building permit.

Each successor of the business or property is responsible for compliance with the WQMP.

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86. Comply with the applicable provision of City ordinances concerning payment of fees or assessments, zoning regulations and subdivision development. All fees and assessments must be paid prior to the approval of the improvement plans and issuance of any permits.

87. Per the 2020-2021 Comprehensive User Fee Schedule (Resolution No. 9778), the developer shall pay a Traffic Impact Fee in the amount of $299 per unit for SingleFamily Residential, $233 per unit for Multi-Family Residential, $0.44 per square foot of Commercial space, $2.51 per square foot for a Restaurant with a drive-thru, $0.34 per square foot of Office space, and $0.18 per square foot of Industrial space. Fee is estimated to be $6,757.00.

88. Pay a Sewer Connection Fee in accordance with the City’s Sewer Master Plan and Title 14 the FVMC. In the event that this fee has not been paid with previous development activity, the developer shall be responsible for payment of the fee applied to the gross acreage of the entire property.

89. Pay $4.65 per front foot for the existing sewer line in Magnolia Street in accordance with Title 14 of the Fountain Valley Municipal Code.

90. Pay $4.65 per front foot for the existing waterline in Magnolia Street in accordance with Title 14 of the FVMC.

91. Pay a Median Beautification Fee in the amount of $8.54 per front foot for medians on Magnolia Street in accordance with Title 20 of the FVMC.

92. The developer shall provide sanitary sewer and water facilities in accordance with the City’s Master Plan and to the satisfaction of the City Engineer.

93. Applicant must pay development fees prior to permit issuance.

94. Traffic study shall include queuing analysis for driveway approach on Magnolia Street.

95. This development will be required to be master water-metered should an additional service be required. The developer’s engineer shall determine adequate capacity for the master water meter(s).

Fire Department

96. Code. Group R-2, R2.1 Occupancies shall comply with 2019 California Fire Code (CFC), 2019 California Building Code (CBC), and current Fountain Valley Municipal Code (FVMC).

97. Automatic Fire Sprinkler Systems. An automatic fire sprinkler system shall be provided in accordance with the 2019 California Building Code and for the following:
a. Notwithstanding any provision in Section 903.2 of the CFC and Section 903.2 of the CBC, approved automatic fire sprinklers shall be installed and maintained in accordance with N.F.P.A., Standard 13, when total square footage equals three thousand five hundred (3,500) square feet or more throughout all buildings as set forth.

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Precise Plan No. 570
Conditions of Approval

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b. Any existing building shall retrofit with automatic fire sprinklers when one of the following occurs:
1 When a structure exceeds three thousand five hundred square feet or additions or tenant improvements are made which exceed thirty percent of the original building square footage.

98. A fire alarm is required by CFC Ch. 9 and detailed by NFPA 72 for the building.

99. Premise Identification. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. CFC 505.1
100. Portable Fire Extinguishers. Provide one 2A10BC State Fire Marshal tagged fire extinguisher for every 3000 square feet of floor area. Travel distance not to exceed 75 feet. CFC 906.3
101. Knox Box. Where access to or within a structure or area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. CFC 506.1 102. General. Fire Safety during construction shall comply with Chapter 33 of the 2019 California Fire Code as well as the following:
103. Access for Fire Fighting. Provide Fire Department access roads prior to the start of combustible construction. Roads shall be installed to Fire Department and Public Works standards. CFC 3310
104. Fire Hydrants. Hydrants shall be installed in accordance with The Fire Code official approval and City Engineer prior to start of any combustible construction. CFC 3310 105. Portable Fire Extinguishers. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
a. At each stairway on all floor levels where combustible materials have accumulated.
b. In every storage and construction shed.
c. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids. CFC 3315.1
106. Hazardous Materials. There shall be no hazardous storage where the aggregate quantity exceeds the exempt amounts set forth in the California Fire Code. All storage, dispensing, use and handling of hazardous materials shall be in accordance with Chapter 50 of the 2019 California Fire Code.

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Precise Plan No. 570
Conditions of Approval

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107. Guadalupe Manor Senior Residential or any future owners of the property located at 17103 Magnolia Street shall pay a standardized fee annually to the Fire Department based on the Unit Hour Utilization (UHU) calculation. The UHU Fee will be based on the twenty-nine new units. The UHU Fee shall be $3,538 per year. This fee is used to partially fund support staff to complete mission-critical tasks that emergency personnel no longer can accomplish because of the increased emergency response demand.

Building Department Conditions
108. Install, maintain and provide for all California Disabled Access compliance per the California Building Code and the Division of State Architect. No encroachment into the disabled path of travel is allowed under any condition with the exception of emergency vehicles and personnel.
109. Projects must comply with the California Code of Regulations, Title 24; Fountain Valley Ordinances, and California law in effect at the time of plan submittal.

Police Department Conditions
110. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten (10) foot candles as measured at the floor level. 111. Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business located at 17103 Magnolia Street may be grounds for revocation proceedings.
112. Install, and maintain in proper working order, security cameras around the premises of the property. These cameras should include, but are not limited to, visual coverage of the exterior areas of the property, including the parking areas west and south of the buildings, and shall be maintained by the property owner or property management.

These cameras will have high resolution and low-light capability. Video from all cameras will be recorded and made available to the Police Department upon request.

A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy of the project.

Applicant’s Initials _______________
113. An alarm system shall be installed and be of a type that sounds a signal when it is activated.
114. The petitioner shall be responsible for maintaining the premises free of graffiti.

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Our Lady of Guadalupe
17103 Magnolia Street
Fountain Valley, CA 92708
City of Fountain Valley
Attn: Steven Ayers, Principal Planner
Community Development Department
10200 Slater Avenue
Fountain Valley, CA 92708
Dear Mr. Ayers:

This letter is to confirm that Our Lady of Guadalupe will be sure to adhere to, not only the conditions of approval presented to the Planning Commission on 10/11, but also to the additional conditions as attached to your correspondence of 11/15/2023.

We will also work with the construction contractor, the Project Manager, architect, management company and any others to be sure that these conditions are met and will continue over the course of the construction process.

Sincerely,
Our Lady of Guadalupe
Staff and Management

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Approval of Professional Services Agreement with Townsend Public Affairs, Inc. for City-Wide Grant Writing Services.

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

City staff is committed in generating new revenues for the City to offset the rising cost of doing business today and into the future. As part of this commitment, City staff prepared a Request for Qualifications (RFQ) to procure a consultant for grant writing services, which will help the City apply for grants that can provide supplementary funding for projects and services, thereby alleviating the need to utilize additional budgetary resources. The City aims to identify and procure grants that can assist with one-time projects and/or help launch new programs to serve the community.

There were nine (9) proposals that were submitted and a Grant Consultant Committee was created to review the RFQ submissions, interviewed the top two (2) proposers and City staff is recommending to the City Council the selection of Townsend Public Affairs (hereafter referred to as TPA) as the contracted grant consultant. There is sufficient funds in the budget to proceed with the award of contract to Townsend Public Affairs for a minimum two (2) year term with an optional one (1) year extension to the consultant selected as the most qualified, responsive and most fit to provide grant writing services to the City.

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City-wide Grant Writing Services
December 19, 2023

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DISCUSSION:

In October 2023, the City received nine (9) proposals that were submitted and a Grant Consultant Committee (Committee) was created to review the RFQ submissions. The Committee ranked the proposals using a weight scale based on categories and interviewed the top two (2) proposers. TPA is the selected vendor.

TPA has represented over 250 local public agencies (including cities) and is the only Top Ten lobbying firm in California that specializes in both legislative advocacy and grant funding in Sacramento and Washington, DC. The TPA team has 16 grant writers and registered state and federal lobbyists, with the policy expertise, advocacy experience, and bi-partisan relationships necessary to achieve legislative and funding results. TPA features a unique part of the funding aspect with much success in funding through Earmarks.

Earmarks is funding set aside at the state and federal level by political representatives for a specific purpose for a designated agency. Recently, the City of Fountain Valley saw success with Earmarks with the funding from Assemblyman Tri Ta securing $1 Million in funding for the Universally Accessible Playground Project currently being constructed in the Fountain Valley Sports Park. This type of funding was a unique aspect that no other grant consultants discussed in their submissions during the RFQ process.

During the interview, TPA was able to express their expertise in the grant writing process, provide unique funding opportunities with the options of Earmarks, identify upcoming grants that the City should consider, and expressed the understanding of being champions for and with the City of Fountain Valley on behalf for the betterment of the community. TPA was also successful in securing grant funding for the City’s Public Works Department back in 2016 through an Active Transportation Program (ATP) Safe Routes for Schools Grant, which was used to fund an ADA pedestrian ramp project.

TPA has agreed for a funding needs analysis to be conducted with the City, to conduct grant funding research in support of City needs and priorities, to be the grant writers and administrators, to help with grant proposal development, and provide monthly reports to the Grant Consultant Committee.

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City-wide Grant Writing Services
December 19, 2023

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Moving forward TPA will meet with and report back to Meghan Wishner, Management Analyst in the Administration Department and Jake Hopkins, Community Services Supervisor in the Recreation and Community Services Department on a regular basis to help identify needs, provide updates on grants and earmarks; and select grants for consideration during the contracted two (2) years.

PROCURMENT:

In accordance with City’s Purchasing Policies, City staff issued a RFQ for Grant Writing Services on September 18, 2023. The RFP was publicly advertised through Planetbids with an invitation through the City’s website. There were 28 companies showed interest in the RFP and downloaded the RFP. The RFP closed on October 10, 2023 and nine (9) companies submitted proposals. The evaluation process was done in a 3-step process with four (4) evaluators.

First, each proposal was evaluated on a 10-point system in three (3) areas such as: Scope of Work, Qualifications & Experience, and Past Performance/References.

Second, evaluations were discussed, and costs were open for anyone who scored a 70% or higher. Costs were reviewed and analyzed. The top two (2) firms were still at the top, but their fees were greatly different. Due to the major price difference between the top two (2) firms, the evaluators decided to interview both to clarify their proposals and to make a final decision.

Both firms did exceptionally well during the interviews. However cost proposal was deciding factor., Townsend Public Affairs, Inc., indicated that their proposal includes a flat monthly fee.

While Blais & Associates LLC indicated that their proposal includes a service fee, wherein additional costs would be incurred depending on the grant(s) the City applies for. After

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City-wide Grant Writing Services
December 19, 2023

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confirming all potential fees, the evaluators concluded that TPA ended up having the most cost savings in their pricing.

To figure out who would be the best fit for the City’s needs, the Evaluation score and Interview score were added together. The 2 with the highest score/percentage is the best option for the City. Not only do they meet the Plan Review needs for the departments but also the staffing needs. An added bonus is that the hourly pricing that they provided was also the lowest.

FISCAL REVIEW
The current adopted budget includes sufficient funding for this purchase. Funding for these services is included in the Adopted Budget for Fiscal Year 2023-2024 in account 100.10.10103.53003 (Office of the City Manager- Professional Services).

In FY 2023-24 the Administration department budgeted $75,000 for special projects, which we will use to fund the grant writing consultant.

PUBLIC NOTIFICATION:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed the contract for grant writing services.

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City-wide Grant Writing Services
December 19, 2023

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ALTERNATIVES:

Alternative No. 1: Accept proposal and execute a professional services agreement with Townsend Public Affairs for a two (2) year term with an optional one (1) year extension as the contracted grant consultant for the City of Fountain Valley.

Alternative No. Do not accept proposals for professional services and direct staff to take alternate action.

RECOMMENDATION:

Staff is recommending City Council approval of Alternative No. 1: to accept and execute a professional services agreement with Townsend Public Affairs for a two (2) year term with an optional one (1) year extension as the contracted grant consultant for the City.

Prepared by: Meghan Wishner
Reviewed by: Maggie Le, City Manager
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Townsend Public Affairs, Inc. Services Contract

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AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

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CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

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actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

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said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

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and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity

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involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

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(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

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addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

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concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

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any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

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Exhibit “A”
Scope of Services
And Payment Terms

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Proposal for Grant Writing Services | City of Fountain Valley Page 1 Proposal for
Grant Writing Services
RFP 23-008
October 11, 2023

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Proposal for Grant Writing Services | City of Fountain Valley

TABLE OF CONTENTS
Table of Contents......................................................................................................................... X Cover Letter ...................................................................................................................... 1 Firm Qualifications ........................................................................................................... 2 Understanding of and Proposed Approach to the Scope of Work .................................. 16 Estimated Costs.....................................................................Submitted in a Separate File

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Proposal for Grant Writing Services | City of Fountain Valley Page 1 October 11, 2023
Amanda McCall, Management Analyst/Purchasing Officer
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
Dear Ms. McCall:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Grant Writing Services to the City of Fountain Valley (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law and secured over $2.8 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Fountain Valley.

Yours truly,

Christopher Townsend (Authorized to Represent/Negotiate on Behalf of the Firm) President

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Proposal for Grant Writing Services | City of Fountain Valley Page 2

FIRM QUALIFICATIONS
TPA is a state and federal grant writing and legislative advocacy firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law • Funding Success: Over $2.8 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies
• Longevity: 25 years (founded in 1998)
• Number of Employees: 21
• Number of State and Federal Grant Writers and Registered Lobbyists: 16 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K–12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance

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Proposal for Grant Writing Services | City of Fountain Valley Page 3

FIRM QUALIFICATIONS

GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Area State Funding Federal Funding All Sources
Water &Sanitation $134.1 Million $13.2 Million $147.3 Million Transportation $644.1 Million $233.4 Million $877.5 Million Education $256.9 Million $49.9 Million $306.8 Million
Parks & Recreation $290.7 Million $30.6 Million $321.3 Million Cultural Resources $140 Million $14.2 Million $154.3 Million Housing & Development $767.4 Million $26.7 Million $794.1 Million Public Safety $146.6 Million $79.1 Million $225.7 Million TOTAL $2.4 Billion $447.3 Million $2.8 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT FUNDING ACHIEVEMENTS

CAN BE PROVIDED UPON REQUEST

EXAMPLES OF SUCCESSFUL STATE/FEDERAL EARMARKS
The following charts detail TPA’s success in securing state and federal earmarks over the past several years.

For each award, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA worked closely and diligently with state and federal legislators and their staff, relevant committee members, and other key stakeholders to ensure our clients’ projects were included in the final official budget.

FY 2023–24 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Agoura Hills Bikeway Master Plan Implementation $500,000 City of Anaheim
Haskett Library Makerspace $300,000
Store One Upgrades $1,000,000
Mobile Family Resource Center Operations $1,500,000
City of Avalon Cabrillo Mole Phase II $2,000,000
City of Costa Mesa Behavioral Health Unit $750,000
City of Del Mar Sand Replenishment $500,000
City of El Monte Pioneer Park $500,000
City of Emeryville 40th Street Corridor Improvement $750,000 City of Fremont
Multi-Service Community Center At Central Park $1,000,000 Housing Navigation Center $500,000
Commercial District Wi-Fi Access Expansion Project $1,500,00 City of Gardena Rowley Park Gymnasium Renovation $3,000,000 Mas Fukai Park $2,000,000
City of Half Moon Bay Coastside Farmworker Housing Development $2,000,000 Affordable Housing Projects $1,250,000
City of Hayward
St. Rose Hospital Sub-Acute Facility $2,000,000
Stack Youth and Family Center Phase II $2,500,000
Hayward Evaluation and Response Teams (HEART) $1,212,000 City of Irvine Real Time Crime Center $2,000,000
Public Safety Enhancements $990,000
City of Kingsburg Fire Department Ladder Truck $350,000 City of La Habra Vista Grande Park $2,000,000
City of La Verne EOC Upgrades $200,000
City of Laguna Beach Moss Street Beach Access Improvements $1,225,000 Moulton Meadows Dog Play Area $300,000
City of Mendota Community Center $8,000,000

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Proposal for Grant Writing Services | City of Fountain Valley Page 4

FIRM QUALIFICATIONS
City of Modesto
Downtown Streets Teams $1,000,000
Awesome Spot Playground $400,000
Modesto MoBeautiful $250,000
City of Monterey Park Fire Station Rehab $2,000,000
City of Morro Bay Storm Drain Replacement - Sequoia Court $300,000 City of Newport Beach Trash Interceptor $1,600,000
City of Oakley East Cypress Road Widening $2,000,000
City of Oceanside OFD Training Center - Portable Buildings/Pump Facility $500,000 City of Orange Homeless Resource Center, Phase I $1,000,000 Homeless Resource Center, Phase II $2,000,000
City of Parlier Indoor/Outdoor Regional Sports Park $1,000,000 City of Pleasanton PFAS Water Treatment Project $1,000,000 City of Reedley
Transitional Housing Facility Improvements $150,000
Sports Park Field Lighting $350,000
EV Charging Facilities $100,000
City of San Leandro Nimitz Motel Acquisition $2,500,000 City of San Pablo San Pablo Recreation/Space Project $3,000,000 City of Santa Clara
SC Overnight Care Locations $1,800,000
Regional Public Safety Interoperable Radio
Communications $1,750,000
City of South San Francisco Great America Parkway $200,000 City of Temecula Ynez Road Improvements $1,000,000
City of Tulare Tulare Fire Department Equipment $1,000,000 City of Tustin Tustin Legacy Park $750,000
Cosumnes Community Services
District Elk Grove Regional Veterans Memorial Wall $1,000,000 Contra Costa County Fire Protection
District Firefighter Peer Support & Crisis Referral Pilot $2,500,000 Discovery Cube Los Angeles STEM Walk and Ride Trails Project $933,000 Hesperia Parks and Recreation
District Corporation Yard Relocation/Construction $2,000,000 Orange County Pacific Symphony Education and Enrichment $2,000,000 TOTAL FY 2022–23 STATE BUDGET EARMARKS $73,910,000
FY 2022–23 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
California Academy of Sciences Thriving California Environmental Learning Plan $2,100,000 City of Agoura Hills Linear Park Project $6,000,000
City of Anaheim Boysen Park Rehabilitation $15,000,000
City of Berkeley Marina and Pier Projects $15,000,000
City of Buena Park Water System Improvements $5,000,000 City of Compton Artesia Boulevard Bridge Rehabilitation $12,000,000 City of Costa Mesa
Citywide Park Project $10,000,000
Ketchum Liboldt Park $1,200,000
Fairview Developmental Center $3,500,000
City of Del Mar Del Mar Bridge Replacement Project $2,200,000 City of Dinuba Fire Department Equipment and Training $2,000,000 City of Farmersville Fire Station Construction $7,000,000 City of Fremont
Teen Center Building Upgrades $8,000,000
Sabercat Bridge and Trail project open space acquisition and planning $6,000,000
I-680 Sabercat Bridge Infrastructure $6,000,000
Housing Navigation Center $500,000
City of Fullerton Navigation Center Project $6,000,000
City of Gardena Broadband Infrastructure $4,000,000
Revitalization of Gardena Boulevard $2,000,000
City of Hayward Scattered Site Housing Model to Create Cost-Effective Permanent Housing for Unhoused Individuals $5,400,000

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Proposal for Grant Writing Services | City of Fountain Valley Page 5

FIRM QUALIFICATIONS
City of Huntington Beach Mental Health Crisis Unit $1,500,000 City of Irvine Sweet Shade Park $2,800,000
Mental Health Crisis Unit $1,500,000
City of La Habra Imperial/Coyote Creek Sinkhole $8,500,000 City of Laguna Beach Mental Health Crisis Unit $1,500,000 City of Merced Merced Regional Fire Training Center $3,000,000 City of Oakland Teachers Rooted in Oakland (TRiO) Program $5,000,000 City of Palo Alto Replacement of Fire Station 4 $5,200,000 Newell Road Bridge Replacement $2,000,000
City of Parlier Parlier Police Station $2,500,000
City of Santa Clara Magical Bridge All-Inclusive Playground in Central Park $800,000 City of South San Francisco Linden Park Project $3,200,000 County of San Mateo Union Community Alliance $1,500,000 City of Tustin Centennial Park Rehab Project $4,800,000 Discovery Cube Los Angeles Sustainability Park Project $5,000,000 Discovery Cube Orange County Santiago Creek Sustainability Park $10,000,000 Imperial County Lithium Valley Specific Plan and PEIR $5,000,000 Land Conservancy of San Luis
Obispo County Camatta Ranch Preservation $2,500,000
North Orange County Public Safety
Task Force
Servicing the Public Safety Collaborative efforts within the cities of Anaheim, Brea, Buena Park, Fullerton, La
Habra, Stanton, and Placentia
$8,000,000
Oakland Museum of California Calli Americas Poster Collection Digitizing and Cataloguing Project $250,000
Port of Hueneme eCrane—Electrical Crane Plug-In Infrastructure $5,000,000 Tri-Valley Cities Coalition Valley Link Rail Project (Environmental Study and Preliminary Engineering) $5,000,000
TOTAL FY 2022–23 STATE BUDGET EARMARKS $200,950,000
FY 2021–22 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland
Oakland Fund for Public Innovation for the
California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000

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Proposal for Grant Writing Services | City of Fountain Valley Page 6

FIRM QUALIFICATIONS
City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-Opening
Operating Expenses
$2,600,000
North Orange County Public Safety
Task Force
North Orange County Public Safety and Homelessness
Task Force Program Extension
$7,800,000
TOTAL FY 2021–22 STATE BUDGET EARMARKS $377,715,020
FY 2019–20 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Facilities Renovations $500,000 City of Costa Mesa Lions Community Park $1,000,000
City of Dinuba Water Well Replacement $1,000,000
City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000,000 City of Oakland Public Safety Projects $4,000,000
Bus Services $1,000,000
City of Selma Storm Drain, Storage, and Recharge $1,500,000 Discovery Cube of
Los Angeles Natural Resources Pavilion $5,000,000
Discovery Cube of
Orange County Property Acquisition/Parking Structure $10,000,0000 East Contra Costa Fire
Protection District
Equipment, Vehicles, and FacilitiesAcquisitions
and Improvements $500,000
North County Transit District Del Mar Bluffs Stabilization Project $6,130,000 Tri-Valley Cities Coalition Dublin Sports Grounds All-Abilities Playground $1,400,000 TOTAL FY 2019–20 STATE BUDGET EARMARKS $36,230,000

CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019–20, FY 2021–22, FY 2022–23, AND FY 2023–24:
$688,805,020
FY 2023 FEDERAL APPROPRIATIONS EARMARKS
Client Project Amount Awarded
City of Avalon Pebbly Beach Road $2,000,000
Affordable Community Living Veteran Housing Project $1,000,000 City of Berkeley Martin Luther King Junior Youth Services Center Renovation $750,000
City of Del Mar Shoreline Access Improvement Project $750,000 Discovery Cube Los Angeles Community Pavilion and Gardens $2,000,000 Discovery Cube Orange County Santiago Creek Festival Grounds Sustainability Park $2,000,000 City of Dinuba Well 21 $1,500,000
City of Emeryville Intergenerational Affordable Housing Project on San Pablo Avenue $500,000
City of Gardena Rosecrans Community Center $1,000,000
Guadalupe Union School District Early Childhood Education Center $2,000,000

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Proposal for Grant Writing Services | City of Fountain Valley Page 7

FIRM QUALIFICATIONS
FY 2022 FEDERAL APPROPRIATIONS EARMARKS
Client Name Project Amount Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea, Buena
Park, Fullerton, Stanton, Placentia
North Orange County Public Safety and Homelessness
Task Force: Homelessness and Mental Health Recovery
Services
$5,000,000
Cities of Dublin, Livermore, and
Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland
Mental Health Resilience Project $1,230,000
Mental Health Resilience Project $734,000
Broadway—Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing $2,000,000
City of Half Moon Bay Highway 1/ Frenchman Creek Intersection and Bike/Ped Improvements $2,000,000
City of Hesperia Cedar Street $2,000,000
City of Lafayette School Street Safe Routes to Schools $3,100,000 Merced County Association of
Governments YARTS Fleet Replacement Project $3,680,000
City of Murrieta Keller Ave Interchange $2,600,000
North Orange County Public Safety
Collaborative Homelessness and Mental Health Recovery Services $5,000,000 City of Oakland Coliseum Place Affordable Housing Project $750,000 Procedural Justice/Community Police Trust $646,000
Lincoln Center Resilience Hub $2,000,000
Orange County Housing Finance
Trust
Funding to Support Permanent Supportive and LowIncome Housing $3,000,000 City of Ontario Active Seniors on the Go $439,094
City of Pleasanton PFAS Treatment and Well Rehabilitation Project $2,000,000 City of Palmdale Ave. M Grade Separation Project $2,000,000 Ave. M Grade Separation Project $1,500,000
City of Parlier Police Station Rehabilitation and Improvements $875,000 Rancho Santiago Community
College District
Workforce Development Pathways Targeting Dislocated
and At-Risk Populations $2,000,000
City of Santa Clara Fire Station Microgrid Project $500,000 Anna Drive Neighborhood Flood Protection Project $3,000,000 City of South El Monte Merced Avenue Greenway Project $3,000,000 Sunline Transit Agency Fueling Infrastructure Expansion $2,500,000 City of Tulare Water Delivery System $500,000
Emergency Homeless Shelter $1,500,000
Yorba Linda Water District Green Crest Lift Station $300,000 Yosemite Community College
District
Modesto Junior College Regional Fire Training Facility
Apparatuses and Props $2,000,000
TOTAL FY 2023 FEDERAL APPROPRIATIONS EARMARKS $60,390,094

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Proposal for Grant Writing Services | City of Fountain Valley Page 8

FIRM QUALIFICATIONS
Alex Gibbs
Grants Manager
Project Manager/Grant Writer/Funding
Advocate
Nicolette Genovese
Associate
Grant Writer/Funding Advocate
Sammi Maciel
Associate
Grant Writer/Funding Advocate
Anastasia Heaton
Associate
Grant Writer/Funding Advocate
Christine Rose
Senior Associate
Grant Writer/Funding Advocate
Christopher Townsend
President
Managing Principal/Strategic Advisor
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for Sustainability
Festival $2,000,000
East Contra Costa Fire Protection
District Fire Station $1,500,000
Guadalupe Union School District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago Community
College District RSCCD Digital Access Consortium $2,000,000 Town of Danville
Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and Pedestrian Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2022 FEDERAL APPROPRIATIONS EARMARKS $59,060,357

TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2022 and FY 2023:
$119,390,451

KEY PERSONNEL
Christopher Townsend
President
Role: Managing Principal/Senior Strategic Advisor
Years of Experience: 40 Years
Alex Gibbs
Grants Manager
Role: Project Manager/Grant Writer/Funding
Advocate
Years of Experience: 11 Years
Christine Rose
Grants Coordinator
Role: Grant Writer/Funding Advocate
Years of Experience: 7 Years
Anastasia Heaton
Associate
Role: Grant Writer/Funding Advocate
Years of Experience: 5 Years
Sammi Maciel
Associate
Role: Grant Writer/Funding Advocate
Years of Experience: 7 Years
Nicolette Genovese
Associate
Role: Grant Writer/Funding Advocate
Years of Experience: 5 Years

ORGANIZATION CHART

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Fountain Valley City CouncilDecember 19, 2023

Fountain Valley City Council
December 19, 2023